AGASTHIYA BHARATHIYAR Vs. DISTRICT COLLECTOR, SINGARAVELAR MALIGAI, CHENNAI

JUDGEMENT

(1.) This Writ Petition has been filed against the Order dated 15.10.2019 passed by the District Collector, Chennai/first respondent herein under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), seeking to hand over the possession of the property, in question, situate at Door No. 30, V.O.C. Street, Valasaravakkam, Chennai - 87, which is the residential house of the petitioner and his father, which was financed by the third respondent/HDB Financial Services Ltd.

(2.) The learned counsel for the petitioner submits that the outstanding amount shown in the said Order is approximately Rs. 2,80,36,742.76 (Rupees Two Crores Eighty Lakhs Thirty Six thousand Seven hundred Forty Two and paise seventy six only) and the said amount was borrowed from the third respondent to construct the house property, in question. The learned counsel further submits that the borrower, in question, viz., Mrs. R. Kalaivani was the mother of the petitioner and unfortunately, she passed away on 17.07.2019 and therefore, the impugned order has been passed against the dead person and the same is not sustainable. The learned counsel further submits that the District Collector/first respondent did not give adequate opportunity to the petitioner and the said order was in pursuance of the direction of this Court dated 23.09.2019 in W.P. Nos. 28048, 28051 and 28053 of 2019, filed by the third respondent herein viz., HDB Financial Services Ltd.

(3.) The learned Government Advocate supported the impugned Order dated 15.10.2019.