R.KUMAR Vs. AUTHORISED OFFICER

JUDGEMENT

(1.) The petitioner has approached this court under Article 226 of the Constitution of India seeking a writ of mandamus to call for the records and quash the impugned pre-sale auction notice bearing Ref No.JMFARC/Pre-sale/25-26/Mar-2026/PFL/237, dtd. 17/3/2026, issued by the first respondent. The petitioner further seeks a direction upon the respondents to participate in the proceedings pending in EIOP No.47 of 2025 on the file of the IX Assistant Judge, City Civil Court, Chennai.

(2.) The petitioner avers that he had availed a financial facility wherein the principal amount was Rs.25,00,000.00. He claims to have paid a sum of Rs.38,02,609.00 towards the said facility. Alleging that the secured creditor charged exorbitant interest, the petitioner filed an original petition in EIOP No.47 of 2025 before the IX Assistant Judge, City Civil Court, Chennai, invoking the provisions of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003. It is stated that the financier has entered appearance and filed a counter in the said proceedings. The petitioner states that the matter is currently under mediation and is adjourned to 8/6/2026.

(3.) Learned counsel for the petitioner submitted that the petitioner is an ex-serviceman and has already paid Rs.38,02,609.00 against a principal amount of Rs.25,00,000.00. It was vehemently argued that the issuance of the impugned auction sale notice is unwarranted, oppressive, and violative of fair play, especially when the matter regarding exorbitant interest is sub judice before the competent civil court under the State Act.