Can Fin Homes Ltd. vs K.Sivananthi
2022 Latest Caselaw 8826 Mad

                                                                              C.R.P(MD).No.949 of 2022


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 26.04.2022

                                                         CORAM

                                  THE HONOURABLE MRS.JUSTICE S. ANANTHI

                                              CRP(MD).No. 949 of 2022


                    Can Fin Homes Ltd., Tuticorin,
                    69D/A, 1st Floor, Divya Corner,
                    Toovipuram, Thoothukudi,
                    through its Authorised Signatory.                          .. Petitioner

                                                             Vs.

                    1.K.Sivananthi
                    2.M.Kottar
                    3.M.Ravi                                             .. Respondents



                    Prayer: This Civil Revision Petition is filed under Article 227 of the

                    Constitution of India to direct the Chief Judicial Magistrate, Tuticorin to

                    take on file and number the petition in Crl.M.P.No.... of 2022 on the file of

                    the Chief Judicial Magistrate, Tuticorin.



                                   For Petitioner      : Mr. P.S. Sundharan




                   1/4
https://www.mhc.tn.gov.in/judis
                                                                            C.R.P(MD).No.949 of 2022


                                                      ORDER

This Civil Revision Petition has been filed for issuing a

direction to the Chief Judicial Magistrate, Tuticorin to take on file and

number the petition in Cr.M.P.No.... of 2022, pending on its file.

2. Heard the learned counsel appearing for the petitioner and

perused the materials available on record.

3. The revision petitioner has relied on the Judgment of the

Hon'ble Supreme Court reported in AIR 2019 SC 4619 in the case of

(The Authorised officer, Indian Bank Vs. D. Visalakshi and others). As

per the said Judgment of the Hon'ble Supreme Court, the Chief Judicial

Magistrate has power to deal with Section 14 of the Securitization and

Reconstruction of Financial Assets and Enforcement of Security Interest

Act, 2002.

4. Already, memorandum of depositing the title deed is

refused to register by the respondent. It can be decided only after enquiry.

Without numbering the petition, the Chief Judicial Magistrate has returned

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.949 of 2022

the petition with different querqies every time. So, the Chief Judicial

Magistrate, Tuticorin is directed to number the un numbered Cr.M.P.No....

of 2022 and decide the matter on merits after giving notice to the other

side.

5. Accordingly, this Civil Revision Petition is allowed. No

costs.

26.04.2022

trp Index :yes/No Internet:yes/No

Note: Registry is directed to return the original papers after subsituting the xerox copy of the same.

To

The Chief Judicial Magistrate, Tuticorin.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.949 of 2022

S. ANANTHI, J.,

trp

CRP(MD).No. 949 of 2022

26.04.2022

https://www.mhc.tn.gov.in/judis