High Court · 2025

W.P.(MD)No.32474 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 18.11.2025CORAM: THE HONOURABLE DR.JUSTICE ANITA SUMANTH ANDTHE HONOURABLE MR.JUSTICE C.KUMARAPPANW.P.(MD)No.32474 of 2025andW.M.P.(MD)Nos.25559 and 25561 of 2025M/s.Religance Finvest Limited,Rep.by its Authorized Officer,No.9/1A, Praveen Plaza,Sri Shanmugam Road,R.S.Puram, Coimbatore.... PetitionerVs.1.The District Collector, Trichy District.2.Sub Collector, Musiri, Trichy Distrtict.3.The Chief Judicial Magistrate, Trichy.4.The Director, Centre for affiliation of Institutions, Anna University, Guindy, Chennai-600 025.1/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32474 of 20255.Sri Chinthamani Vinayagar Educational Trust, Rep.by its Chairman Mr.G.Sekar, Tholurpatti Post, Thottiyam, Trichy District-621 215.6.N.Rajalakshmi... RespondentsPRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in Na.Ka.a.1/6427/2025 date 31/10/2025 and quash the same and consequently direct the respondents not to interfere in the SARFAESI proceedings of the petitioner. For Petitioner : Mr.S.NamasivayamFor Respondents: Mr.S.P.Maharajan (R1 & R2) Special Government Pleader Mr.R.M.Siranjeevi (R5) ORDER (Order of the Court was made by DR.ANITA SUMANTH, J.)This matter is listed 'for being mentioned' today, since there was no endorsement made by the learned counsel on record for the petitioner, though undertaken on the date of hearing, being 13.11.2025. 2/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32474 of 20252. Mr.S.Namasivayam, learned counsel appears today, apologizes and says that a memo would be filed by end of business today.3. Let the memo be filed today, accompanied by proof of payment of costs Rs.5,000/- (Rupees Five Thousand only) to High Court Legal Services Committee attached to this Bench.4. Order dated 13.11.2025 is reiterated. [A.S.M.J.,] & [C.K.J.,] 18.11.2025 NCC:Yes/NoIndex :Yes/NoInternet:YessmNote:Issue order copy on 18.11.2025.3/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32474 of 2025DR.ANITA SUMANTH, J.ANDC.KUMARAPPAN, J.smTo1.The District Collector, Trichy District.2.Sub Collector, Musiri, Trichy Distrtict.3.The Chief Judicial Magistrate, Trichy.W.P.(MD)No.32474 of 202518.11.20254/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32474 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 13.11.2025CORAM: THE HONOURABLE DR.JUSTICE ANITA SUMANTH ANDTHE HONOURABLE MR.JUSTICE C.KUMARAPPANW.P.(MD)No.32474 of 2025andW.M.P.(MD)Nos.25559 and 25561 of 2025M/s.Religance Finvest Limited,Rep.by its Authorized Officer,No.9/1A, Praveen Plaza,Sri Shanmugam Road,R.S.Puram, Coimbatore.... PetitionerVs.1.The District Collector, Trichy District.2.Sub Collector, Musiri, Trichy Distrtict.3.The Chief Judicial Magistrate, Trichy.4.The Director, Centre for affiliation of Institutions, Anna University, Guindy, Chennai-600 025.5/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32474 of 20255.Sri Chinthamani Vinayagar Educational Trust, Rep.by its Chairman Mr.G.Sekar, Tholurpatti Post, Thottiyam, Trichy District-621 215.6.N.Rajalakshmi... RespondentsPRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in Na.Ka.a.1/6427/2025 date 31/10/2025 and quash the same and consequently direct the respondents not to interfere in the SARFAESI proceedings of the petitioner. For Petitioner : Mr.S.NamasivayamFor Respondents: Mr.S.P.Maharajan (R1 & R2) Special Government Pleader Mr.R.M.Siranjeevi (R5) ORDER (Order of the Court was made by DR.ANITA SUMANTH, J.)Mr.S.P.Maharajan, learned Special Government Pleader accepts notice for R1 & R2 and Mr.R.M.Siranjeevi, learned counsel accepts notice for R5. 6/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32474 of 20252. At this juncture, no notice is issued to R3 and R4. This writ petition is not pressed as against R6, who is a counsel appointed by the Chief Judicial Magistrate as Commissioner. 3. This writ petition is not pressed for the reason that the petitioner has complied with the directions of the Sub Collector, Musiri, Trichy District, under order dated 31.10.2025 to permit the students of the Sree Vetri Vinayaka College of Engineering and Technology ('College') run by R5 Trust to do their exams. 4. While closing the writ petition as withdrawn, we observe as follows:-(i) The College has approached this Court in WP(MD)No.30655 of 2025, wherein the present petitioner ie., M/s.Religance Finvest Limited, Rep.by its Authorized Officer, was arrayed as R3. (ii) The prayer was for a mandamus directing R3 to release the College building premises from the possession of R3, and to direct R1 being District Collector, Trichy District, to conduct an enquiry about the actions of R3 and take steps to protect the future and interests of the students pursuing their education in the College.7/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32474 of 20255. That writ petition came to be dismissed in the following terms:-'The petitioner prays for a mandamus directing the third respondent to release the college building premises of Sri Vetri Vinayaha College of Engineering and Technology from its possession. 2. We are wholly disinclined to consider this writ petition, particularly, in light of the fact that the action in terms of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('Act') has been taken as early as on 18.12.2017.3. The Chief Judicial Magistrate, Tiruchirappalli has also passed an order in Crl.M.P.No.6316 of 2025 at the instance of R3 by appointing an Advocate Commissioner to inspect the property and to take possession of the same. In such circumstances, prayer for mandamus cannot be entertained and this writ petition is dismissed. No costs.'6. Despite the aforesaid order, R5, the trust running the College, appears to have approached the Sub collector, Musiri, Trichy District, seeking certain directions for continuance of the operations of the College, which has been considered and granted under order dated 31.10.2025.7. According to the petitioner, R5 had been sanctioned credit facility of Rs.15,25,00,000/- on 28.03.2015 and had secured the same by deposit of title deeds of the lands in S.No.320/3, 320/5, 320/6, 320/7, 8/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32474 of 2025320/8, 320/9, 320/10 & 320/2D, 351/2. Thereafter, a second loan was given on 31.03.2015, that was secured by the aforesaid properties as well as sale deed No.1393/2007 in patta number 3193. 8. The loans were classified as a Non Performing Asset on 31.12.2017 and notice under Section 13(2) of the Securitization And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 ('Act') which was issued on 11.01.2018. Possession notice under Section 13(4) of the Act was issued, and received by the borrower on 06.04.2018. 9. According to the petitioner, the outstanding dues as on 06.11.2025 is Rs.31,38,52,310/-. Petitioner had moved the Chief Judicial Magistate, Trichy, in terms of Section 14 of the Act in Crl.MP No.6316 of 2025 and an Advocate Commissioner has been appointed for taking possession, by an order dated 26.08.2025. Physical possession has been taken with police assistance on 25.10.2025. 10. According to the petitioner, securitization Appeal has been moved before the Debt Recovery Tribunal by R5 and the petitioner, as caveator has received a copy of the same. The appeal is yet to be 9/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32474 of 2025numbered. 11. In light of the aforesaid, we are of the considered view that the remedy of R5, if any, will only lie before the Debt Recovery Tribunal and the attempt of R5 to obtain relief from the revenue authorities is wholly misplaced. 12. This writ petition is closed as withdrawn with the observations as above. No costs. Consequently, connected miscellaneous petitions are closed. [A.S.M.J.,] & [C.K.J.,] 13.11.2025 NCC:Yes/NoIndex :Yes/NoInternet:Yessm10/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32474 of 2025To1.The District Collector, Trichy Distrcit.2.Sub Collector, Musiri, Trichy Distrtict.3.The Chief Judicial Magistrate, Trichy.11/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32474 of 2025DR.ANITA SUMANTH, J.ANDC.KUMARAPPAN, J.smW.P.(MD)No.32474 of 202513.11.202512/12