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P. Saravanan Vs. The secretary, Ministry of Finance, Department of Economic and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberW.P.[MD].No. 23319 of 2015 & M.P.(MD).Nos. 1 & 2 of 2015
Judge
AppellantP. Saravanan
RespondentThe secretary, Ministry of Finance, Department of Economic and Others
Excerpt:
.....nos.4, 9 to 15 to conduct investigation and take necessary actions on the functioning of the entire private financing, mortgaging and pledging establishments and their illegal auctions of the mortgaged goods and consequently direct the respondent nos.1 to 3 and 5 to 8 to issue appropriate directions to entire private financing, mortgaging and pledging establishments to regulate public auctions conducted for the mortgaged and pledged goods as per the directions of the respective jurisdictional civil courts in the state of tamil nadu and puducherry.) s. nagamuthu, j. 1. the petitioner has come up with this writ petition as a public interest litigation seeking a direction to the respondent nos.4, 9 to 15 to conduct investigation and take necessary action on the functioning of the.....
Judgment:

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent Nos.4, 9 to 15 to conduct investigation and take necessary actions on the functioning of the entire private financing, mortgaging and pledging establishments and their illegal auctions of the mortgaged goods and consequently direct the respondent Nos.1 to 3 and 5 to 8 to issue appropriate directions to entire private financing, mortgaging and pledging establishments to regulate public auctions conducted for the mortgaged and pledged goods as per the directions of the respective jurisdictional civil courts in the State of Tamil Nadu and Puducherry.)

S. Nagamuthu, J.

1. The petitioner has come up with this Writ Petition as a Public Interest Litigation seeking a direction to the respondent Nos.4, 9 to 15 to conduct investigation and take necessary action on the functioning of the entire private financing, mortgaging and pledging establishments and their illegal auctions of the mortgaged goods and consequently, to direct the respondent Nos.1 to 3 and 5 to 8 to issue appropriate directions to entire private financing, mortgaging and pledging establishments to regulate public auctions conducted for the mortgaged and pledged goods as per the directions of the respective jurisdictional civil courts in the State of Tamil Nadu and Puducherry.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the State.

3. In our considered view, this Writ Petition is highly misconceived and no relief as sought for could be given. If anybody has got any grievance that he has been illegally proceeded against by any creditor, he can work out his remedy before the appropriate forum. If anybody has got any grievance that any financial institution or any other establishment under the Act has committed any crime, it is for him to work out his remedy before the Police. In the instant case, without making any specific case of commission of any offence or violation, the petitioner has come up with a casual statement. He has stated that he himself is a debtor and his property has been auctioned without notice. If that is so, it is for him to work his remedy against such action against the creditor bank. The learned counsel for the petitioner would submit that he has already taken action against the same. When that be so, what the petitioner could not be achieved in the private litigation cannot be achieved under the guise of a Public Interest Litigation. In our considered view, there is no public interest at all involved in this matter. This Writ Petition is, therefore, dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.


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