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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR


and
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

W.P.No.2991 of 2017
and
W.M.P.No.2870 of 2017

V.Ranjith Chandar ..Petitioner

versus

1.The District Collector,


office of the District Collectorate,
Coimbatore - 641018.

2.Indian Overseas Bank,


Coimbatore Main Branch,
No.1218, Big Bazaar Street,
Coimbatore - 641 001.

3.State Bank of India,


Stress Asset Management Branch,
Avinashi Road, Coimbatore - 641044.

4.The Official Liquidator,


High Court, Madras as the
Provisional Liquidator of
M/s.Hi-Tech Mineral Industries
(Covai) Pvt. Ltd. ..Respondents

Writ Petition filed under Article 226 of the Constitution


of India, to issue a Writ of Mandamus, forbearing the
respondents 1 to 3 from taking any steps under the SARFAESI
Act or Rules made thereunder or under RDDBI & FI Act before
the Debts Recovery Tribunal, Coimbatore for recovery of any
debts due from the petitioner or M/s.Hi Tech Mineral
Industries (Covai) P. Ltd., to the respondents 2 and 3 without
taking legal steps to include the 4th respondent in the
recovery process as envisaged by the Honourable Supreme Court
of India in the case of Anita International and another Vs.
Thungabadra Sugar Works Mazdoor Sangh and others reported in
CDJ 2016 SC 527.

For Petitioner : Mr.Silambannan, Sr. Counsel


for Ms. Kaavya Silambaban
For Respondents : Mr.T.M.Pappaiah (for R1)
https://hcservices.ecourts.gov.in/hcservices/ Special Government Pleader.
ORDER

One of the Directors of M/s.Hi-Tech Mineral Industries


(Covai) Pvt. Ltd., Coimbatore, has filed the instant writ
petition for a writ of mandamus forbearing the respondents 1
to 3 from taking any steps under the SARFAESI Act or Rules
made thereunder or under RDDBI & FI Act before the Debts
Recovery Tribunal, Coimbatore for recovery of any debts due
from the petitioner or M/s.Hi Tech Mineral Industries (Covai)
P. Ltd., to the respondents 2 and 3 without taking legal steps
to include the 4th respondent in the recovery process as
envisaged by the Hon'ble Supreme Court of India in the case of
Anita International and another Vs. Thungabadra Sugar Works
Mazdoor Sangh and others reported in CDJ 2016 SC 527.

2. Material on record discloses that M/s.Hi-Tech Mineral


Industries (Covai) Pvt. Ltd., Coimbatore, has availed loan
from Indian Overseas Bank, Coimbatore Main Branch, Coimbatore.
According to the Director 13 properties have been offered as
security. Out of which, three are agricultural properties.
Apart from the above, petitioner company has availed loan
assistance of Rs.5.5 Crores from State Bank of India, Stress
Asset Management Branch, Coimbatore. There was a default in
payment. Indian Overseas Bank, Coimbatore Main Branch,
Coimbatore and State Bank of India, Stress Asset Management
Branch, Coimbatore, respondents 2 and 3, have taken separate
proceedings under the recovery laws.

3. Indian Overseas Bank, Coimbatore Main Branch,


Coimbatore, the 2nd respondent has initiated action for
recovery of Rs.2.16 crores after issuing notices under
Sections 13(2) and 13(4) of the SARFAESI Act, 2002 and has
taken steps to bring 10 immovable properties and movable
properties for sale.

4. State Bank of India, Stress Asset Management Branch,


Coimbatore, the 3rd respondent has initiated action under RDDB
& FI Act, claiming a sum of Rs.5.75 Crores and filed
O.A.No.367 of 2014.

5. M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd.,


Coimbatore, has filed S.A.No.227 of 2014 on the file of the
Debts Recovery Tribunal, Coimbatore, resisting attachment and
sale, in I.A.No.1354 of 20144. In S.A.No.227 of 2014, Debts
Recovery Tribunal, Coimbatore has passed an order directing
M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd., Coimbatore,
to pay, Rs.60 Crores, in three installments, as an interim
measure.

6. Being aggrieved, the petitioner company and guarantors


have filed CRP No.4570 of 2014 before this Court, and during
the course of hearing of CRP, petitioners therein have
submitted that they have no objection for the sale of Ladies
https://hcservices.ecourts.gov.in/hcservices/
hostel, one of the properties under attachment. The said
property was sold in e-auction held on 24.11.2014 for a sum of
Rs.5,30,45,000/-.

7. Writ petitioner has contended that one A&A


International Trading Private Limited, has filed winding up
petition in C.P.No.385 of 2014, on the file of this Court,
against M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd.,
Coimbatore and that vide order dated 23.03.2015 in C.A.No.1008
of 2016 in C.P.No.385 of 2015, this Court was pleased to
appoint the Official Liquidator, High Court, Madras.

8. Thereafter, Official Liquidator has filed an


application in C.A.No.1008 of 2016 in C.P.No.385 of 2014,
stating that the Directors of the Company have not filed
statement of affairs though, Form No.55 notice was issued to
them. The petitioner has further contended that on
04.09.2015, the Official Liquidator, High Court, Madras, has
issued orders directing handing over possession of the assets
of the company. The said order was received on 09.09.2015.
On 10.09.2015, the Official Liquidator, High Court, Madras,
has sealed the registered office with all its records, and
that the factory was also sealed on 11.09.2015.

9. Based on the decision of the Hon'ble Supreme Court in


Anita International and another Vs.Thungabadra Sugar Works
Mazdoor Sangh and Others reported in CDJ 2016 SC 527, writ
petitioner has contended that action of the bank in bringing
the property for sale through recovery forums, without
impleading the Official Liquidator, High Court, Madras, is not
valid.

10. Writ petitioner has further contended that when the


matter stood thus, Indian Overseas Bank, Coimbatore Main
Branch, Coimbatore, the 2nd respondent has approached the
District Collector, Coimbatore, to take possession of the
residential building, and notice dated 22.12.2016 of the
District Collector has been served calling upon the writ
petitioner to appear on 02.01.2017. According to the
petitioner, factum of the order of the High Court in
C.P.No.385 of 2014 dated 04.09.2015, to take over the assets
of the company was brought to the notice of the District
Collector. Despite the same, the bank is insisting for an
order under Section 14 of the SARFAESI Act, 2002. In the
abovesaid circumstances, contending inter alia that the writ
petitioner is left with no other efficacious remedy, mandamus,
as stated supra, is sought for.

11. We have heard Mr.Silambannan, learned senior counsel


for the petitioner and perused the materials available on
record.

12. Admittedly, M/s.Hi-Tech Mineral Industries (Covai)


Pvt. Ltd., Coimbatore, has availed financial assistance from
https://hcservices.ecourts.gov.in/hcservices/
State Bank of India, Stress Asset Management Branch,
Coimbatore and Indian Overseas Bank, Coimbatore. State Bank
of India, Stress Asset Management Branch, Coimbatore, has
filed O.A.No.367 of 2014 before the Debts Recovery Tribunal,
Coimbatore and sought for the following prayers:
" a) To pass an order directing the defendants No.2 to 6
jointly and severally to pay to the Applicant Bank a sum of
Rs.6,25,80,508.40p together with interest thereon at the rate
of 14.50% per annum with monthly rests under the Cash Credit
Account No.30063718027 from the date of this Application till
the date of payment in full, on or before a date to be
specified and to draw a Recovery Certificate for the same.
b) On failure to pay as aforesaid amount, to order sale
of the moveable and immoveable properties mentioned in the
schedule "A and B" belonging to the 1st Defendant Company
hereunder and to pay the sale proceeds to the Applicant Bank
and 7th Defendant for proportionate distribution on pari-
passue basis and to draw a certificate.
c) On failure to pay as aforesaid amount, to order sale
of the immovable properties mentioned in the schedule "C"
belonging to the 1st, 5th Defendant Company hereunder and the
Sale proceeds may be adjusted to the satisfaction of the 7th
defendant and after satisfying the 7th defendant the remaining
sales proceeds may be apportioned to the satisfaction of the
outstanding due amount of the Applicant Bank and to permit the
Applicant Bank to proceed against the Defendants, for
deficiency, if any.
d) To issue a Recovery Certificate against all the
defendants for the amount ordered and to be paid with pendent
lite and further interest with monthly rests together with
further expenses and costs thereon.
e) To order Execution of the Said certificate under
Section 25 of the Recovery of Debts Due to the Bank and
Financial Institution Act, 1993.
f) To issue directions for inquiry, investigations,
examination attachment and realization of the assets and
properties of the Defendants.
g) To order the defendants 2 and 3 to declare on
affidavit the other particulars of his immovable / movables
properties and file the same before the Hon'ble Tribunal.
h) To order costs jointly and severally to be paid to the
Applicant Bank by the Defendants.
i) To grant to the Applicant Bank such further reliefs
which this Hon'ble Tribunal may deem fit and proper in the
interest of justice of this case and in the interest of the
Applicant."

13. In O.A.No.367 of 2014 on the file of Debts Recovery


Tribunal, Coimbatore, State Bank of India, Stress Asset
Management Branch, Coimbatore has given the schedule of
properties hypothecated for availing loan assistance and is
extracted hereunder.

https://hcservices.ecourts.gov.in/hcservices/
SCHEDULE 'A'
(Hypothecation of Movable Properties of Defendant No.1,
Company under pari-passu basis with SBI and IOB)
Hypothecated properties, Current Assets including stocks, book
debts, receivables, consumable stores and spares and plant &
Machinery, etc.
SCHEDULE 'B'
(Equitable Mortgage of Immovable properties on Pari Passu
basis between IOB and SBI)
Property No.1: Release Deed No.7998/2012 dated 14.09.2012 and
19/2013, dated 03.01.2013, in favour of V.Ranjith Chandar.
In the registration district of Kanyakumari, in the sub
registration distric of Thovalai, in Thovalai Taluk, in
Aralvaimozhi Village, GS No.577/11 (Old Survey No.102) in
this, an extent of 60 cents, bounded on the North by E
Veeramani Nadar land, East by GS No.577/11 part, Sourt by
G.S.No.577/12 and West by Odai, within the above boundaries 60
cents of land with Mamool cart tract and a windmill installed
thereon.
Property No.II: Lease Deed No.1490/2001 dated 30.08.2011
in favour of M/s.Hitech Trades and Consultants Pvt Ltd.
In the registration district of Tirunelveli, in the sub
registration district o Panakudi, in Radhapuram Taluk, in
Perungudi Village, GS No.1170/3 in this, Southern 60 cents out
of total extent of 1.14 acres along with the right of way in
the 22 feet wide pathway running North South (on the western
end) in the Northern portion of the total extent, bounded on
the East by property in S.No.1183, South by property in
S.No.1169, West by property in S.No.1171 and North by Northern
portion (of S.No.1170/3) in the enjoyment of Ganesan - within
the above boundaries 60 cents of land together with one Vestas
make 225 KW windmill installed thereon (leasehold property).
SCHEDULE 'C'
(Equitable Mortgage of Immovable properties in the name of
company First charge with IOB and second charge with SBI)
Property mortgaged by M/s.Hitech Mineral Industries Covai Pvt.
Ltd.
Property No.1: Document No.566/2004 dated 30.09.2003
All part and parcel of land and factory building at
G.S.No.40/2B, 40/3B, 40/2D, 41/1A, 41/1B, 41/1C, 41/2A, 41/2B,
41/2C, 41/2D, 41/2E, 44/1, 171/1A, 197/2, 197/3, 197/4 and 198
of an extent of 22.90 acres situated at Chellapillaikuttai
village, Omalur Talu, Salem District and in G.S.No.46, 48/1,
48/2, 49/1, 49/2, 49/3, 50/1, 50/2, 51/1 and 51/3 of an extent
of 23.12 acres situated at Kottagoundampatti Village, Omalur
Taluk, Salem District and the total extent of 46.02 acres.

Property No.2: Document Nos.1670 and 1671/2004 dated


26.03.2004
In the registration district of Coimbatore, in the sub
registration district of Palladam, in Tiruppur Taluk, in
Kethanur Village having Vestas make 225 kw wind mill in
https://hcservices.ecourts.gov.in/hcservices/
Item 1(a), G.S.No.179/2, punai 4.50, in this 4 acres 26 3/4
cents owned by M.Kandasamy. In this, in the eastern portion
north sought.
East of - 2.28 acres in western portion purchased by
G.R.Hospital.
West of - 97 cents in G.S.No.179/2, retained by M.Kandasamy
South of - East to west road
North of - 80 3/4 cents purchased by Hitech Mineral Industries
Covai P Ltd in G.S.No.179/2 (item 1(b)).
Within the above boundaries 21 cents.
Item 1(b), in 4 acres 263/4 cents in G.S.No.179/2 referred
above, in the southern portion, east west,
East of - G.S.No.179/1
West of - 97 cents in G.S.No.179/2, retained by M.Kandasamy
North of - 4.97 acres in G.S.No.184/2, purchased by Hitech
Mineral Industries Covai Pvt. Ltd.,
South of - Land purchased by G.R.Hospital and 21 cents
purchased by Hi Tech Mineral Industries Coval P Ltd.,
within the above boundaries 80 3/4 cents
Total extent 1 acre and 1 3/4 cents.
With right to use the cart tract in G.S.No.179/2 and 184/2 to
reach the north south road.
Item No.2: In the above kethanur Panchayat, Kethanur Village
G.S.No.184/2, punjai 6.00 acres, in this
East of - G.S.No.184/1
West of - 1.03 acres in G.S.No.184/2 retained by M.Kandasamy
and G.S.No.185
North of - G.S.No.185
South of - 80 3/4 cents purchased by Hi Tech Mineral
Industries P Ltd in G.S.No.179/2 (item 1(b))
Within the above boundaries 4.97 acres, with right to use the
cart track in G.S.179/2 and 184/2 to reach the north south
road, together with 2 wind mills in the above lands having
W.F. S.C.Nos.33 and 196 in the land in S.No.184/2."

14. Indian Overseas Bank, Coimbatore Main Branch,


Coimbatore, has filed O.A.No.79 of 2016, before the Debts
Recovery Tribunal, Coimbatore, for the following reliefs.

"1. Directing the defendants 1 to 7 to repay the sum of


Rs.269,97,31,401/- which is due as on 8.1.2016, jointly and
severally to the applicant Bank together with future interest
@ 15.95% per annum with compounded monthly rests from the date
of application till payment. The above loan has been
sanctioned for commercial purpose and therefore the defendants
are liable to pay the outstanding amount together with
interest @ 15.95% per annum together with costs and expenses.

2. Ordering the sale of the hypothecated plant machinery,


goods etc., described hereunder in Schedule by public auction
and the sale proceeds be applied towards recovery of the
certificate amount after deducting the expenses thereof.

3. Ordering
https://hcservices.ecourts.gov.in/hcservices/ the sale of such of those mortgage assets
which are available for sale, more fully described hereunder,
leaving out such of those assets already sold under SARFAESI
proceedings, by public auction, and the sale proceeds be
applied towards the recovery of certificate amount after
deducting the expenses thereof."

15. Description of properties, subject matter of


O.A.No.79 of 2016 are as hereunder.

DESCRIPTION OF PROPERTIES
Schedule - A
HYPOTHECATED GOODS/MACHINERY OF THE DEFENDANTS

Exclusive first charge on the entire block assets of the


company (both existing and future assets.)
Plant and Machinery etc.
Paripassu first charge on the entire current assets of
the 1st defendant company along with State Bank of India
(existing and future assets).
Second Paripassu charge in the entire block assets of the
company along with State Bank of India for the working capital
limits.

Schedule - B
(Description of mortgaged properties in favour of the
applicant
Bank which are not sold under SARFAESI)
SCHEDULE I
Item No: I
In the Registration District of Salem, in the Sub
Refistration District of Omalur, in Omalur Taluk, in
Chellapillaikutti Village.
G.S. Nos: 40/2-8, 40/3-B, 40/2-0, 41/1-B, 41/1-C, 44/1, 171/l-
A, 197/2,
3,4, and 198
Total Extent of land - 16.63 acres

Item No: II
In Kottagoundampatti Village
G.S. Nos: 46, 48/1, 48/2, 49/1, 49/2, 49/3, 50/1, 50/~, 51/1
and 51/3
Total Extent of land - 23.12 acres

Total Extents of Item No. I and II - 39.75 acres

Together with factory and other buildings thereon and


machineries installed therein.

[Description as per DRT Sale Certificate:-


In Salem District, in Omalur Taluk, in CheliapillaiKuttai
Village, in
S.F. Nos. 40/2B measuring 0.23 acres,
S.F. No. 40/3B measuring 0.69 acres,
S.F. No. 40/20 measuring 0.73 acres,
https://hcservices.ecourts.gov.in/hcservices/
S.F. No. 41/1A measuring 0.64 acres,
S.F. No. 41/1B measuring 0.70 acres,
S.F. No. 41/1C measuring 1.33 acres,
S.F. No. 41/2A measuring 0.94 acres,
S.F. No. 41/2B measuring 0.82 acres,
S.F. No. 41/2C measuring 1.25 acres,
S.F.No. 41/20 measuring 1.27 acres,
S.F. No. 41/2E measuring 1.99 acres,
S.F. No. 44/1 measuring 2.00 acres,
S.F. No. 171/1A measuring 1.22 acres,
S.F. No. 197/23 measuring 2.05 acres,
S.F. No. 197/4 measuring 2.48 acres,
S.F. No. 198 Full measuring 4.56 acres, In Kottagoundanpatti
Village, S.F. Nos. 46,48/1,48/2,49/1,49/2,49/3,50/1,50/2,51/1
and 51/3 measuring 23.12 acres thus totaling to 46.02 acres
together with the building, super structures associated with
the machineries and Electrical Installation with E.B.
Connected load of 500 KVA; S.c. No. 128 and consisting of in
the aforesaid lands.

Item. No.1:
SI. Village S.F.No. Doc. Date of Extent S.F.NO
No No. Registration in wise
acres area in
acres
1. Kottagoundenpatty 46 1223 29.08.1990
1.47
1224 29.08.1990 1.40
1225 29.08.1990 1.24
1226 29.08.1990 2.00
1227 29.08.1990 1.47
1287 11.09.1990 1.00
1288 11.09.1990 1.00
1343 25.11.1990 1.30
1381 05.11.1990 1.35
1384 11.01.1991 0.42
12.65
2 Kottagoundenpatty 48/1 91 29.01.1990
1.49 1.49
3 Kottagoundenpatty 48/2 113 31.01.1990
1.68 1.68
4 Kottagoundenpatty 49/1 1509 7.11.1989
1.36 1.36
5 Kottagoundenpatty 49/2 1509 7.11.1989
0.49
1535 10.11.1989 0.57
464 22.03.1990 1.75
598 09.04.1990 1.00
3.81
6 Kottagoundenpatty 49/3 1509 07.11.1989
0.08
464 23.03.1990 0.20
0.28
7 Kottagoundenpatty 50/1
https://hcservices.ecourts.gov.in/hcservices/ 1748 14.12.1989
0.12 0.12
8 Kottagoundenpatty 50/2 1748 14.12.1989
0.18
354 07.03.1990 0.11
0.29
9 Kottaqoundenpattv 51/1 157 08.02.1990 1.02
1.02
10 Kottaqoundenpatty 51/3 177 12.02.1990 0.42
0.42
Total 23.12

TOTAL EXTENT IN KOTTAGOUNDEN PATTY VILLAGE IS 23.12 ACRES WITH


RIGHT OVER THE MAMOOL CART TRACKS, COMMON PATH WAY AND ALL
OTHER APPURTENANCES.

BOUNDARIES ARE MENTIONED IN THE ABOVE DOUMENTS. THE PROPERTY


WITHIN THE LIMITS OF KOTTAGOUNDENPATTY VILLAGE, OMALUR TALUK,
SALEM DISTRICT.

Item. No.2:
SI. Village S.F.No. Doc. Date of Extent S.F.NO
No No. Registration in wise
acres area in
acres
1. Chellapillaikuttai 40/2B 167 09.02.1990
0.23 0.23
2 Chellapillaikuttai 40/2D 167 09.02.1990 0.73
0.73
3 Chellapillaikuttai 40/3B 1805 29.12.1989
0.69 0.69
4 Chellapillaikuttai 41/1A 1743 13.12.1989
0.64 0.64
5 Chellapillaikuttai 41/1B 1744 13.12.1989
0.70 0.70
6 Chellapillaikuttai 41/1C 1534 10.12.1989
1.33 1.33
7 Chellapilllaikuttai 41/2A 400 13.03.1990
0.94 0.94
8 Chellapillaikuttai 41/2B 397 13.03.1990
0.82 0.82

9 Chellapillaikuttai 41/2C 400 13.03.1990 1.25


1.25
10 Chellapiilaikuttai 41/2D 201 14.02.1990 1.27
1.27
11 Cheilapiilaikuttai 41/2E 358 13.03.1990
1.99 1.99
12 Chellapillaikuttai 44/1 1496 03.02.1989
2.00 2.00
13 Chellapillaikuttai 171/1A 1193 13.08.1990
1.22 1.22
14 Chellaplllaikuttai 197/23 1742 13.12.1989
2.05 2.05
15 Cheliapiilaikuttai
https://hcservices.ecourts.gov.in/hcservices/ 197/4 1791 26.12.1989
2.48 2.48
16 Cheilaptllatkuttal 198 1509 07.11.1989
1535 10.11.1989
285 26.02.1990
286 26.02.1990
287 26.02.1990
464 22.03.1990
598 09.04.1990
672 25.04.1990 4.56
4.56
Total 22.90
22.90

TOTAL EXTENT IN CHELLAPILLAIKUTTAIVILLAGE IS 22.90


ACRESWITH RIGHT OVERTHE MAMOOLCARTTRACKS,COMMON PATHWAY AND
ALL OTHER APPURTENANCES.
BOUNDARIESARE MENTIONED IN THE ABOVE DOUMENTS.
THE PROPERTYWITHIN THE LIMITS OF CHELLAPILLAIKUTTAI
VILLAGE, OMALUR TALUK, SALEMDISTRICT.
TOTAL EXTENT IN KOTTAGOUNDEN PA1TY VILLAGE AND
CHELLAPILLAIKUTTAIVILLAGE IS 46.02 ACRES].

SCHEDULE - II
Belonging to Hi-Tech Mineral Industries Covai P. Ltd

In the registration district of Coimbatore, in the sub


registration district of Palladam, in Tiruppur Taluk, in
Kethanur Village,

Item 1(a)
G.S. No. 179/2 punja 4.50, in this 4 ac. 26 % cents owned
by M. Kandasamy, in this, in the eastern portion north south,

East of 2.28 acres in western portion purchased by


G.R.Hospital
West of 97 cents in G.S.No. 179/2 retained by M.
Kandasamy
South of east to west road
North of 80 % cents purchased by Hi-tech Mineral
Industries Covai
Private Ltd
In G.S.No. 179/2 item l(b)

Within the above boundaries 21 cents

Item 1 (b)
In 4 ac. 26 % cents in G.S.No.179/2 referred above, in
the southern portion, east west,

East of G.S. No. 179/1


West of 97 cents in G.S. No. 179/2 retained by M. Kandasamy
North of 4.97 acres in G.S.No. 184/2 purchased by Hi-tech
Minerals
Industries Covai P Ltd.
https://hcservices.ecourts.gov.in/hcservices/
South of land purchased by G.R.Hospital and 21 cents
purchased by Hi-Tech Mineral Industries Covai P Ltd.

Within the above boundaries 80 % cents


Total extent 1 acre and 1 % cents.
With right to use the cart track in G.S. No. 179/2 and
184/2 to reach the' north south road.
Item. No.2
In the above KethanurViliage, G.S. No. 184/2 punja 6.00
acres, in this,
East of G.S. No. 184/1
West of 1.03 acres in G.S. No. 184/2 retained by M.
Kandasamy
and G.5.No. 185
North of G.S.No. 185
South of 80 % 'cents purchased by I-iItech Minerals
Industries Pvt.
Ltd.in G.S. No. 179/2 (Item 1 (b)

Within the above boundaries 4.97 acres, with right to use


the cart track in G.S. No. 179/2 and 184/2 to reach the north
south road,

Together with 2 wind mills in the above lands havlnq W.F.


S.c. nos.33 and 196 in the land in G.5. No. 184/2.

The lands are in Kethanur Panchayat.

SCHEDULE - III
DESCRIPTION OF PROPERTY
Belonging to P.Venkittapathy Now belongs to Ranjith Chander

In the Registration district of Coirnbatore, in the Sub


registration district of Singanallur, in Coimbatore taluk, in
Upplipalayam Village.

Item-I(a)
In G.S.No,536

South of land in G.S.No.560/2A


North of east west vaikal in G.5.No.535.
East of well, common area in G.S.No.537
West of land sold by R.Venugopal and his son (item 1 (b) and
land sold by
Mrs.Anandhi Prabha (item 1 (c) in G.S.No.536
Within the above boundaries punja Acre 0.95 cents

Item 1 (b)
In G.S.No,536
South of the land of Srinivasan's share
North of the land sold by Mrs.Anandhi Prabha (item 1 (c)
East of land sold by U.N.Rajagopal (item 1 (a) in G.S.No.536
West of Road - G.S.No.536/2.A.
Within the above boundaries punja Acres 0.50 cents
https://hcservices.ecourts.gov.in/hcservices/
Item 1 (c)
In G.S.No.536
South of land sold by R.Venugopal and son (item 1 (b) in
G.5.No.S36
North of Vaikal in G.S.No.S35
East of land sold by U.R.Rajagopal in G.S.No.S36 (item 1 (a)
West of Road - G.5.No.536/2-A.

Within the above boundaries punja Acres 0.50 cents

Total extent 1 acres 9.5 cents, now in G.S.No.536/1


together with common 1/4 share in the wall and surrounding
extent of 11 cents in G.S.No.560/2A and the common rights of
way, enjoyment as per partition deed registered as document
No.143771988.

The lands are now in G.5.No.536/1


The land are in Coimbatore Municipal C( .rporation
Limits.

Item 2

In the above Uppilipalayam Village, in G.S.No.S36, punja


4 ac 33 cents, in
this
North and
East of lands of Rajagopal etc.
West of road in G.S.No.536/2A
South of land in natham poramboke.

Within the above boundaries land measuring 10 cents together


with right to take carts and vehicles in the north south on
east. The land is now in G.S.No.536/1

Item 3

In Uppilipalayam Village, G.S.No.530 and 531/1 total extent 2


acres 01 cents, in this excluding 50 cents on north already
sold, remaining, puja one acre 51 cents.

East of Municipal Corporation road and land in G.5.No.531/2


South of 50 cents of land purchased by Ayyasamy and others
North of lands in G.S.Nos.528 and 531/2. Within the above
boundaries, land measuring 1 acre 51 cents and 1/4 share in
common in the well in G.S.No.560/2A in he 3/4 share, and the
right to use the land measuring 11 cents around the well and
right to use the 20 feet wide cart track from Central Studio
to the well in G.S.No.560/2A etc. The land are 86 112 cents in
GS No.530 and 64 1/2 cents in GS.No.531/1.

The lands are in Coimbatore Municipal Corporation limits.

https://hcservices.ecourts.gov.in/hcservices/
Item 4

In Uppilipalayam Village, GS.No.533/1, Punje 1 acre 38


cents kist Rs.9.50 North of G.S.No.528/2 of R.Ramakrishnan and
family and G.S.No.532
East of G.S.No.534
South of G.S.No.535 and Vaikal
West of north south Corporation road and G.S.No.537.

Within the above boundaries 1 acre 38 cents and the farnished


in northern portion together with electricity service
connection and corporation water service connection and all
the common right of way and in the well as provided in
partition deed 1457/1980.

Door number of farm house 13,A


Corporation assessment No.41986 - new 18880
Agricultural elec. service connection No.21 (common wall)
Elec. Service connection in farm house No.473 Water SC
NO.104728
The property is in Coimbatore Corporation Limits.

SCHEDULE - IV
Description of Property
Property Belongs to Ranjith Chander
Registration District : Coimbatore
Sub-Registration District : Peelamedu
Taluk : Coimbatore
Village : Krishnarayapuram
S.F. No : 263
T.S. No : 10/1043
Ward : 20
Extent : 3049 Sq.ft or 7 cents

Boundaries:
North of : House belonging to Sundaram
East of : House belonging to Ranganayaki
South of : House belonging to Chinnammal
West of : Kattoor Main road

Measuring
East-West on the North : 67 ft
East-West on the South : 67 ft
North-South on the East : 45.5 ft
North-South on the West : 45.5 ft

Admeasuring 3049 Sq.ft or 7 cents together with the Ground


Plus three stories building constructed thereon with door,
windows, electrical connection, water connection, related
deposits with the Govt. departments and all other
appurtenances thereof.

The Postal address of the property is Door. No. 96 to 102,


Kattoor street, Pappanaicken Palayam, Coimbatore - 641 037
https://hcservices.ecourts.gov.in/hcservices/
The property (old) was assessed to Property tax in
Nos.69337,69338& 69340. The new construction made on the land
is yet to be assessed.

The Property is serviced by Electricity connection in Nos.


1893, 1897, 1898, 1899, 1900, 1901, 1903 & 1904.

The Property is serviced by Corporation Wate:- Connection IN


Nos. 72599, 72600 & 72601.

Property is situated within Coimbatore Corporation Limit.

SCHEDULE -V
Description of Property
Property Belongs to Smt. Kamalam
All that piece and parcel of the Site bearing No.192 in
"G.V.RESIDENCY" of the PSG Co.operative House Building Society
Limited NO.CBE/HSG/13 in Uppilipalayam Village, Coimbatore
South Taluk, Coimbatore District, Tamilnadu. The layout plan
~"'as approved by the Director of Town and Country Planning,
Madras in his Order LP/DTP/No.102/89 dated 6.2.89 originally
and later a revised approval was given vide Order LP/
DTP/No.760/92-24474/92 LA2 dated 3.7.92.

SURVEY SCHEDULE
(a) Site No.192 Extent: 3862 Sft.
(8 Cents 377 Sft) (8.866 Cents)

Bounded on
North by Site NO.193
East by Site No.189, 190, 191
South by 50 Feet Road
West by 40 Feet Road

(b) The measurements of the Site No.192 in S.F.No.138 are as


follows

In Northern side 60 Feet


In Eastern side 95 Feet
In Southern side 94 Feet
In Western side 23 Feet 6 Inches
Splay ----
(c) By locality, the Site NO.192 is in Circular Avenue.

J SCHEDULE - VI
In Coimbatore Registration District, Thondamuthur Sub
Registration District, Coimbatore South Taluk,
Mathuvaravapurarn Village as per follows:

Item No.1 (Par.Doc.1276/1998, 2054/2003)

S.F.No.654j1 Punja Acres 4.53


https://hcservices.ecourts.gov.in/hcservices/
Boundaries

East of S.F.No.652/5.652/1B Land


South and West of S.F.No.655/1A Item No.3 property
North of East-West common cart track

In the middle and extent of Punja Acres 4.53 of land and


one Villai Sali EB NO.309 with deposit amount and 13 coconut
trees. To approach the above lands roads have been provided in
S.F.No.487, 497, 498, 500 and 655/1 along with the East-West
roads provide for the patta lands. In S.F.No.655/1 in
Maruthathal land North-South Cart track. In S.F.No.655/1A in
kondasamy Naidu land East-West cart track in all these roads
common rights exist.

Item No.2 (Par.Doc. 1279/1998, 2054/2003)

S.F.No.652/1 Punja Acres 0.88112

Boundaries:
East of S.F.No.652/5 Land and South-North road
North of S.F.No.6521A,lB and 0.22112 cents Venkatesan
East-West road
West of S.F.No.654/1
South of S.F.NO.652/1B Enam land board property

In the middle and extent of Punja Acres 0.881/2 of land


with common rights on the East-West and North-South cart track
passing through S.F.No.655/1A. The property in New
S.F.No.652/5B.

Item No.3 (Par.Poc.1449/1998)


S.F.No.655/1A Punja Acres 5.33

Boundaries:
West of Saroja, Arjunan and others land and South-
North Road to Noiyal river
East of S.F.No.653/1B 1.00 Acres of Item NO.7
property and S.F.No.654/1 4.53 Acres of Item
No.1 property
North of S.F.No.655/1A 1.90 Acres in Somnath and
Radha Somnath Item NO.5 property
South of Noiyal river, Maranna Gounder and Arjunan
and others land. S.F.No.6~5/2 0.70 Cents land

In the middle and extent of Punja Acres 5.33 of land with


usual rights on the East-West Cart Track in S.f.No.
655/1A.North-South cart track passing through Maruthathal land
and in S.F.No.655/1A on the Southern side East-West cart
track.

https://hcservices.ecourts.gov.in/hcservices/
Item No 4 (Par. Doc. 1449/1998)
S.F.No. 655/2 Nanja Acres 0.70

Boundaries:
West of Saroja 0.36 Cents land in S.F.No.655/2
East of S.F.No.655/1A Yours sold property
North of S.F.No.655/1A land and East-West canal
South of S.F.No.655/1A MC'rannaGounder and Arjunan
And others land

In the middle and extent of Nanja Acres 0.70 of land and


9 coconut trees.

Item No 5 (Par. Doc. 1278/1998)


S.F.No. 655/1A Punja Acres 1.90

Boundaries:
East of Item No.6 land
South of S.F.No.655/1A 5.33 Acres Item No.3
property
North of Mamool East-West Cart Track
West of South-North road to Noiyal river

In the middle and extent of Punja acres 1.90 of land with


usual path way rights.

Item No 6 (Par. Doc. 2399/2004)


S.F.No. 655/1A Punja Acres 1.90

Boundaries:
East of Item NO.3 land in S.F.No.655/1A
South of S.F. No.655/1A 5.33 Acres item No.3 property
North of Mamool East-West:cart track
West of You sold s.F.No.655/1A Item NO.5 property

In the middle and extent of Punja acres 1.90 of land with


usual pathway rights.

Item No 7 (Par. Doc. 1688/1997)


S.F.No. 653/1 Punja Acres 1.00 Present Sub Division
S.F.No.653/1B3

Boundaries:
North of S.F.No.653/2 Raja vaikal
South of S.F.No.660 Noiyal river
East of S.F.No.653/1 Anusuva sold property
West of You sold S.F.No.655/1A Item NO.3 5.33 Acres
Property
In the middle and extent of Punja acres LOU of land with
usual pathway rights.

Totally all items is 16.24112 Acres of land.


The property is situated in Mathuvarayapuram Village
Panchayat.
https://hcservices.ecourts.gov.in/hcservices/
SCHEDULE - VII
Description of Property
Property Belonging to Yuktha Wind Farm Private limited
Property- 1
Item. No. 1-A
In Tirupur Registration District, Negamum SuI),
Registration District, in Palladam Taluk, in Sultanpet
Panchayat Sultanpet Union Limits, in Poorandampalayam Village,
in S.F. 6 B an extent of Punja acres 9.31 Tharam Rs. 10.50 in
this the landed property situatec\ within the following
boundaries:

North of the landed property situated in S.F. No. 7/6C1,


West of the landed property retained by kuppusamy konar
and others
East of the landed property situated in S.F. NO.5
South of the landed property situated in S.F. Nos. 6/1-
12and AS.

In this the landed property of an extent of Punja Acre


7.00 acres with right over the mamool cart track.

Item. No. 1-B

Further in Poorandampalayam Village, In S.F. No. 6B, an


extent of 9.31 acres situated within the following boundaries.

North of the landed property situated in S.F. No. 6/C1,


South of the landed property situated in S.F. No. 6/AS,
West of the Varappati Village limits
East of the landed property situated in S.F. Nos. 6B.

In this the area admeasuring 2.31 acres with right over


the mamool cart track.

And further in Poorandampalayam Village, In S.F. No.


6/C1, an extent of 2.60 acres, in this an extent of 1.30 acres
situated within the following boundaries:

North of the landed property retained by Kuppusamy konar


and others
East and South of the landed properties situated in S.F. Nos.
6B
West of the Varappati Village limits and

In this, the area admeasuring 1.30 acres.

Both totaling 3.61 acres with right over the mamool cart
track for ingress and egress.

Item. No. 1-C

Further Poorandampalayam
https://hcservices.ecourts.gov.in/hcservices/ Village, In S.F. No. 6A, an
extent of 6.19 acres in this the land property with the right
over the mamool cart track for ingress and egress.

The property is now situated in S.F. Nos. 6/A1, 6/A2,


6/A3, 6/A4 and 6/AS.

TOTAL EXTENT IN POORANDAMPALAYAM VILLAGE IS 16.80 ACRES.

Property- 2
Item. No.2:
In the Tirupur Registration District, Palladarn Sub
Registration District, Palladam Taluk in Sultanpet Union
Limits, in Varapatti Village, in S.F. 748/2, an extent of 6.10
acres, in this East west Direction on the Southern side the
landed property situated within the following
boundaries:
South of the landed property belonging to Karuppa gounder
North of the landed property situated in S.F. Nos.
750,747,746
East of the landed property in S.F. No. 749
West of the landed property situated in S.F. No. 745

In this the area admeasuring 3.05 acres

Further, in S.F. No. 749 an extent of 5.05 acres, in this


on the eastern side on the North South direction the landed
property situated within the following boundaries:

East of the landed property belonging to Ponnae


gounder and
others,
West of the landed property situated in S.F. Nos 748
South of the landed property in S.F. Nos 639 and 649 and
North of the landed property situated in S.F. No. 750

In this the area admeasuring 2.52 acres.

Further in S.F. No. 750/1, an extent of 3.85 acres in


this North direction on the eastern side in this within the
following boundaries:

East of the landed property belonging to Ponnae


gounder and
others,
West of the landed property situated in S.F. Nos. 747
South of the landed property in S.F. Nos. 749 and 748
and
North of the landed property situated in S.F. No. 750/2

In this the area admeasuring 2.12 acres.

Item. No.3

Further Varapatti
https://hcservices.ecourts.gov.in/hcservices/ Village,
In S.F. No. 648/2, an extent of 3.40 acres.
In S.F. No. 647/2, an extent of 3.36 acres.

Item. No.4

Further Varapatti Village,

In S.F. No. 646/2D, an extent of 1.31 acres with right over


the Mamool
Cart Track.

Item. No.5
Further Varapatti Village,

In S.F. No. 647/1, an extent of 3.61 acres.


In S.F. No. 648/1, an extent of 3.52 acres.

Item. No.6
Further Varapatti Village,

In S.F. No. 646/2E, an extent of 2.05 acres with all right


over the mamool cart track for ingress and egress.

Item. No.7
Further Varapatti Village,

In S.F. No. 747, an extent of 4.12 acres


In S.F. No. 750/2, an extent of 3.35 acres with all right over
the mamool
cart track for ingress and egress.

Item. No.8
Further Varapatti Village,

Further in S.F. No. 748/2, an extent of 6.10 acres in this


landed property within the following boundaries:

West of the landed property with an extent of 1.45


acres
North of the landed property belonged to Nacharnmal
East of the landed property in S.F. Nos. 749 and
South of the landed property situated in S.F. No. 748/1
to
Nachimuthu Gounder

In this the area admeasuring 1.45 acres.

J
East of the landed property of an extent of 1.45 acres
belonging to
Karuppa gounder,
South of the landed property situated in S.F. Nos. 748/1
West of the landed property in S.F. Nos. 745/1
https://hcservices.ecourts.gov.in/hcservices/
North of the landed property belonging to Nachammal

In this the area admeasuring 0.10 acres in this common share


0.05 acres

Further, in S.F. No. 750/1, an extent of 3.85 acres, the


landed property situated within the following boundaries:

West of the landed property belonging to Nacharnmal on the


North
South direction on the western side
North of the landed property situated in S.F. Nos 750/2
East of the poorandampalayam village limits ann the
landed
property in S.F. Nos. 751/2

In this the area admeasuring 1.61 '12 acres.

Further, in S.F. No. 749, an extent of 5.05 acres, the landed


property situated within the following boundaries:

South of the landed property of an extent of 2.14 acres


belonging to
Karuppa Gounder on the East West dtrectton,
West of the landed property belonging to Nachammal,
North of the land of an extent of 1.61 '12 acres in S.F No.
750/1 and
East of the Poorandampalayam village limits

In this the area adrneasurinq 0.52 '12 acres.

Item. No.9

Further in Varapatti Village, in S.F. No. 748/2 an extent of


6.10 acres situated within the following boundaries:

East of the landed property belonging to Coimbatore Pioneer


Mills
Ltd.,
South of the landed property of Nachammal Gounder situated in
S.F.No. 748/1
West of the landed property in S.F.No. 748/2
North of the landed property belonging to Nachammal

In this the area admeasuring 1.45 acres.

Further, in S.F. No. 748/2 on the Eastern side, on the


North south direction the cart track of an extent of 0.10
acres situated within the following boundaries:

East of the landed property of an extent of 1.45 acres


belonging to
Karuppa -Gounder
South of the landed property situated in S.F.No. 748/1
https://hcservices.ecourts.gov.in/hcservices/
West of the landed property situated in S.F.No. 745/1
North of the landed property belonging to Nachammal

In this the area admeasuring 0.10 acres in this common share


0.05 acres.

Further, in S.F. No. 749, an extent of 5.05 acres situated


within the following boundaries:

North of the landed property belonging to the company,


East of Poorandampalayam village limits
South of East West Itteri and
West of the landed property belonging to Nachammal

In this the area admeasuring 2.14 acres.

Item. No. 10
Further, in Varappati Village,
In S.F. No. 621/1, an extent of 0.76 acres
In S.F. No. 631/3B, an extent of 1.46 acres
In S.F. No. 621/1B, an extent of 1.98 acres
In S.F. No. 621/3A, an extent of 1.95 acres

And all totaling 6.15 acres with right over the mamool cart
track for ingress and egress.

Item. No. 11
Further in Varappati Village, in S.F. No. 647/4, an
extent of 3.30 acres with all right over the mamool cart
track.

Item. No. 12
Further in S.F. No. 647/3, an extent of 2.87 acres, In
S.F. No. 648/3, an extent of 2.82 acres,
Item. No. 13
In S.F. No. 748/1, an extent of 6.33 acres with all right
over the mamool cart track.

Item. No. 14
In Tirupur Registration District, Palladam Sub
Registration District, Palladam Taluk in the limits of
Sultanpet Panchayat Union and within the limits of Varapatti
Panchayat situated in Varapatti Village.

In S.F. No. 620/1, an extent of 3.13 acres with all right


over the mamool cart track for ingress and egress.

THE TOTAL EXTENT SITUATED IN VARAPATTI AND PORANDAM


VILLAGE IS 81.09 ACRES of land together with all appurtenances
thereto with all rights was the property for ingress and
egress. Vestas make 225 KVV Wind Mill 7 No's which are
embedded to earth. The Properties include all improvements
already made and to be made from time to time. The properties
are situated within the limits in Palladam Taluk.
https://hcservices.ecourts.gov.in/hcservices/
SCHEDULE - VIII
Description of Property
In Coimbatore Registration District, in Singanallur Sub-
registration District, in Coimbatore Taluk, in Uppilipalayam
Village, in S.F. No's 155,170 part, 171 part, 178 and 179, in
this stl! layout formed by Ramanathapuram Co-operative House
Building Society Limited and approved by the Deputy Director
of Town Planning in R.C. No. 2204/87/4 dated 20.06.1987 and
LP/R (CPN) No. 227/87 and by Coimbatore City Municipal
Corporation in RC. No. 23367/87/II-13, in this layout Site
No.4 situated within the following boundaries

On the North by Site NO.3


On the South by 30 feet wide layout road
On the' East by 40 feet wide layout road
On the West by Site No.5

And measuring

East West on the North 70 feet


East West on the South 65 feet
North South on the East 155 feet
North South on the West 160 feet

Thus measuring an extent of 11187 sq.ftor 25 cents' 297


sq.ft of site together with building thereon together with
Electricity Service Connections, its security deposits, Water
Service Connection, its security deposits and together with
right to use the common roads and all other appurtenances
thereto.

The Property bears Door. No.4, Co-operative Colony,


Singanallur.
Property Tax, Assessment No. 6445415, Electricity Service
Connection No's. 048-005-624 & 048-005-618, Water Service
Connection No. 6440684
The Property is situated within the limits of Coimbatore
City Municipal Corporation.

SCHEDULE - IX
Description of Property
Item.1:

In Coimbatore Registration District, in .Gandhipuram


Subregistration District, in Coimbatore Taluk, in Kalapatti
Village, in S.F. No.314/2, in this a layout formed known as
"Green Park Avenue" and approved by the Director of Town and
country planning, Madras vide Ref.No. LPDM/DTP 948/94, in this
Site No. 178,179 and 180 situated within the following
boundaries.

On the North by 30 feet wide East-West road


On the South by
https://hcservices.ecourts.gov.in/hcservices/ Site No. 177
On the East by 30 feet wide North-South road
On the West by Site No. 165,164 & 163

Admeasuring

East West on the North 51 feet


East West on the South 56 feet
North South on the East 100 feet
North South on the West 105 feet
North East corner splay 7 feet

Thus measuring an extent of 5868 sq.ft or 13 cents 206 sq.ft


of vacant site and all common rights in the layout roads and
reserve sites.

The property is situated in Kalapatti Town Panchayat Limits.

Item.2:
In Tirupur Registration District, in Anaimalai Sub-
registration District, in Pollachi Taluk, in Vettaikaranpudur
Village, in S.F. No. 953/3A3, measuring an extent of 10.81
acres of land situated within the following boundaries.

North - Lands in S.F.No's. 952/1A and 952/18


South - Lands in S.F.No. 956
East - Remaining lands owned by V.T. Venkatachalam in
S.F.No.
953/3A3
West - Lands in S.F.No. 953/3A2

Within this an extent of 10.81 acres of land together with


mamool cart track pathway rights thereon.

The said property is situated within Vettaikaranpudur Village


Limits.

Item.3:
In Tirupur Registration District, in Anaimalai Sub-
registration District, in Pollachi Taluk, in Vettaikaranpudur
Village, in S.F. No. 953/3A3, measuring an extent of 6.00
acres of land situated within the following boundaries.

North - Lands in S.F.No's. 952/1A and 952/1B


South - Lands in S.F.No. 956
East - Remaining lands owned by V.T. Venkatachalam in
S.F.No.
953/3B
West - Lands in S.F.No. 953/3A3 originally belonqed to
Venkittapathy

Within this an extent of 6.00 acres of land together with well


in S.F.No.953/3A3 and 7.5 H.P motor pump set, electricity
service connections 92/STF (v) and 537 along with mamool cart
track pathway rights and standing trees
https://hcservices.ecourts.gov.in/hcservices/ thereon.
And in S.F. No. 952/1A measuring an extent of 4.69 acres of
land situated within the following boundaries.

North - Lands in S.F.No.949/B2


South - Lands in S.F.No.953/3A3
East - Lands in S.F.No.952/1B
West - Lands in S.F.No.951B

Within this an extent of 4.69 acres of land

Thus totaling to an extent of 10.69 acres land together with


right to use the common roads and all other appurtenances
thereto.

The said property is situated within Vettaikaranpudur Village


Limits.

Item.4:
In Tirupur Registration District, in Anaimalai Sub-
registration District, in Pollachi Taluk, in Vettaikaranpudur
Village, in S.F.No.953/1, measuring an extent of 0.71 acres of
land.
And in S.F.No.953/3A2 measuring an extent of 1.25 acres
of land situated within the following boundaries.

North - Lands in S.F.No.952


South - Lands in S.F.No.956
East - Lands in S.F.No.953/3 originally owned by
Venkittapathy on the west of Sarkarpathy Road
West - Lands originally owned by Venkittapathy

Within this an extent of 1.25 acres of land

And in S.F.No.953/3B measuring an extent of 3.00 acres of land


situated within the following boundaries.

North - Lands in S.F.No.952/2


South - Lands in S.F.No.956
East - Lands in S.F.No.963
West - Lands in S.F.No.953/3A3

Within this an extent of 3.00 acres of land together with a


Well measuring 22x20 together with 10 H.P.Electric Motor Pump
set bearing SC.614

And in S.F.No.952/2 mearsuring an extent of 2.38 acres of land


situated within the following boundaries.

North - Lands in S.F.No.949/B2


South - Lands in S.F.No.953/3
East - Lands in S.F.No.952 originally owned by
Venkittapathy
West - Lands originally owned by Venkittapathy
https://hcservices.ecourts.gov.in/hcservices/
Within this an extent of 2.38 acres of land together with a
Well and its 10 H.P.Electric Motor Pump set bearing SC.No.660
Thus totalling to an extent of 7.21 acres land together with
the right to use the mamool pathway, art track, standing trees
thereon.

The said property is situated within Vettaikaranpudur Village


Limits.

Item.5:

In Tirupur Registration District, in Anaimalai Sub-


registration District, in Pollachi Taluk, in No. 85,
vettatkiranpudur Village, in S.F. No. 989/1A, measuring 9.67
acres of land, in this an extent of 1.00 acres of land
situated within the following boundaries:-

North of - Remaining lands in S.F.No. 989/1A belonging to


V.T.
Venkatachalam
South of - Annamalai Poramboke Pallam in S.F.No. 980
East of - Annarnalal Poramboke Pallam in S.F.No. 980
West of - North-South Road in S.F.No. 990

Within this an extent of 1.00 acres land together with


the right to use the mamool pathway, cart track, standing
trees thereon.

Item.6:

In Tirupur Registration District, in Anaimalai Sub-


registration District, in Pollachi Taluk, in Vettaikaranpudur
Village,on the western portion of Sethumadai P.A.P Vaikkal
(S.F. Nos. 955/2 & 958/A2), in S.F. No. 958/A1 measuring an
extent of 5.18 acres of land, in this on the Northern portion
measuring an extent of 1.72 acres of land situated within the
following boundaries.

North of Lands in S.F.No. 958/A1 originally belonged to


Venkittapathy
South of Lands in S.F.No. 955/1 belonging to V.A. Palanisamy
Gounder
East of Lands in S.F.No. 959/2 mentioned herein below
West of P.A.P. main Vaikkal in S.F.No. 958/A2

Within this an extent of 1.72 acres of land And in


S.F.No. 959/2 measuring an extent of 12.09 (Jeres of land, in
this on the Eastern portion measuring an extent of 0.25 acres
of land situated within the following boundaries

North of Lands in S.F.No. 960 belonging to Leelavathi


South of Lands in S.F.No. 955/1 telonging to V.A. Palnisamy
Gounder
https://hcservices.ecourts.gov.in/hcservices/
East of Lands in S.F.No. 959/2 originally belonged to
Venkittapathy
West of Lands in S.F.No. 958/A1 originally belonged to
Venkittapathy

And in S.F.No. 959/1 measuring an extent of 3.00 acres of


land situated within the following boundaries

North of Lands in S.F.No. 959/2 originally belonged to


Venkittapathy
South of Lands in S.F.No. 955/1 belonging to V.A. Palnisamy
Gounder
East of Reserve Forest
West of Lands in S.F.No. 959/3 originally belonged to
Venkittapathy

Within this an extent of 3.00 acres of land

Thus in all totally measuring an extent of 4.97 acres land


together with the right to use the mamool pathway, cart track
etc.,

The said property is situated within Vettaikaranpudur Village


Limits.

Item.7:

In Tirupur Registration District, ir Anaimalai Sub-


registration District, in Poliachi Taluk, in Vettaikaranpudur
Village,on the western portion of Sethumadai P.A.P Vaikkal
(S.F. Nos. 955/2 & 958/A2), in S.F. No. 958/Al measuring an
extent of 5.18 acres of land, in this an extent of 3.46 acres
of land situated within the following boundaries.

North of Lands in S.F.No. 958/B1


South of Lands in S.F.No. 958/Al originally belonged to
Venkittapathy
East of Lands in S.F.No. 959/2 originally belonged to
Venkittapathy
West of P.A.P. main Vaikkal in S.F.No. 951J/A2

Within this an extent of 3.46 acres of land

And in S.F.No. 959/2 measuring an extent of 12.09 acres of


land, in this an extent of 10.74 acres of land situated within
the following boundaries

North of Lands in S.F.No. 960 belonging to Leelavathi


South of Lands in S.F.No. 955/1 belonging to V.A. Palanisamy
Gounder lands in S.F.No. 959/1 and 959/3 originally
belonged to Venkittapathy ,
East of Reserve Forest
West of Lands in S.F.No. 959/2 originally belonged to
Venkittapathy
https://hcservices.ecourts.gov.in/hcservices/
Within this an extent of 10.74 acres of land

Thus totally measuring an extent of 14.20 acres land together


with the right to use the mamool pathway, cart track etc.,

The said property is situated within Vettaikaranpudur Village


Limits.
'
Item.8:

In Tirupur Registration District, in Anaimalai Sub-


registration District, in Pollachi Taluk, in Vettaikaranpudur
Village,on the western portion of Sethumadai P.A.P Vaikkal
(S.F. Nos. 955/2 & 958/A2), in S.F. No. 955/1 measuring an
extent of 11.14 acres of land, in this on the Eastern portion
measuring an extent of 0.65 acres of land situated within the
following boundaries.

North of Lands in S.F.No. 958/A1 originally belonged to


Venkittapathy
South of Lands in S.F.No. 953/1 originally belonged to
Venkittapathy
East of Remaining Lands in S.F.No. 955/1 belonging to
V.A. PalanisamyGounder
West of P.A.P. main Vaikkal in S.F.No.955/2.

Within this an extent of 0.65 acres of land together with the


right to use the mamool pathway, cart track etc.,

The said property is situated within Vettaikaranpudur Village


Limits.

Item.9:

In Tirupur Registration District, in Anaimalai Sub-


registration District, in Pollachi Taluk, in Vettaikaranpudur
Village,on the western portion of Sethumadai P.A.P Vaikkal
(S.F. Nos. 955/2 & 958/A2), in S.F. No. 959/3 measurlnq an
extent of 1.00 acres of land situated within the following
boundaries.

North of Lands in S.F.No. 959/2 originally belonged to


Venkittapathy
South of Lands in S.F.No. 955/1 belonging to V.A. Palanisamy
Gounder
East of Lands in S.F.No. 959/1 originally belonged to
Venkittapathy
West of Lands in S.F.No. 959/2 originally belonged to
Venkittapathy

Within this an extent of 1.00 acre of land together with


the right to use the mamool pathway, cart track etc.,
https://hcservices.ecourts.gov.in/hcservices/
The said property is situated within Vettaikaranpudur
Village Limits.

(Properties sold under SARFAESI ACT}


SCHEDULE - x
Description of Property
Property belonged to Venkittapathy

In the registration district of Kanyakumari, in the sub


registration district of Thovalai, in Thovalai Taluk, in
Aralvaimozhi Village, GS No. 577/11 (Old Survey No. 102) in
this, an extent of 60 cents bounded on the North by E
Veeramani Nadar land; East by GS No. 577/11 part; South by GS
No. 577/12 and West by Odai - within the above boundaries 60
cents of land with mamocl cart track and a windmill installed
thereon.

SCHEDULE - XI
Description of Property
Property belonged to Hi-Tech Trades Consultants Pvt Ltd
In the registration district of Tirunelveli, in the sub
registration district of panakudi, in Radhapuram, Taluk, in
Perungudi Village, GS No. 1170/3 in this, southern 60 cents
out of Total extent of 1.14 acres along with the right of way
in the 22 feet wide pathway running north south (on the
western end) in the northern portion of the total extent,
bounded on the East by property in S. No. 1183; South by
property in S. No. 1169; West by property in S. No. 1171 and
North by northern portion (of S. No.1170/3) in the enjoyment
of Ganesan - within the above boundaries 60 cents of land
together with one Vestas make 225 K.Wwindmill installed
thereon (leasehold property).

SCHEDULE .- XII
Description of Property
House site measuring 4800 Sq.ft. in S.F.Nos.122 and 123
of Site No.181, G.V.Residency, Uppilipalayam Village,
Coimbatore owned by Mr.P.Venkitapathy.

SCHEDULE XIII
Description of Property
A ladies hostel building a 9 cents (4176 sq.ft) of land
with 5 floors, to accommodate 110 persons with 3 commercial
shops, situated at the entrance of Mis. Krlshnammal College
for women on TS No. 468, D. No. 1447, Avinashi road,
Coimbatore, standing in the name of Mrs. Kamalam mother
director Mr. P. Venkittapathy"

16. Material on record discloses that Indian Overseas


Bank, Coimbatore Main Branch, Coimbatore, 2nd respondent
herein, has filed an application under Section 14 of the
SARFAESI Act, 2002, seeking assistance, for taking physical
possession of the properties mortgaged. District Collector,
Coimbatore has
https://hcservices.ecourts.gov.in/hcservices/ issued notice dated 22.12.2016 to Mr.Ranjith
Chander, writ petitioner herein and the same is extracted
hereunder.
"REGISTERED POST DISTRICT COLLECTORATE OFFICE
COIMBATORE - 18.

SUMMONS FOR ENQUIRY


Na.Ka.No.19478/2014/U3 dated: 22.12.2016
Sub: SARFAESI Act - Mr.Ranjith Chandar Managing
Director of M/s.Hi Tech Minerals Industries
Covai Pvt. Ltd., to appear for Enquiry with
regard to payment of arrears of Loan taken
from M/s.I.O.B. - REg.

Ref: Letter No.3000/2015/A1/dated 28.12.2015 of


Thasildar,
Coimbatore West.

Representation of Officer of IOB, dated 17.10.2014.


-----

Since Mr.Ranjith Chandar of Hi Tech Mineral Industries


Covai Pvt. Ltd., residing at Kattur Road, Coimbatore South
Circle, Coimbatore City for reasons of growth of Hi Tech
Mineral Industries Covai Pvt. Ltd., has taken a loan from
I.O.B., for reasons of Non-repayment of the said loan
amounting to Rs.216,63,91,070.59 Creditor (I.O.B) has
proceeded against Mr.Ranjith Chandar of M/s.Hi Tech Minerals
Industries Covai Pvt. Ltd. The Creditor through his
Authorisied Officer I.O.B. to initiate proceedings against the
property in possession with Mr.Ranjith Chandar in S.No.150,
1740, 171, 178, Upplipaglayam Village under the SARFAESI Act.
As per 2nd reference it is made clear that the property in the
Coimbatore Circle Vest with Mr.Ranjith Chandar. It is
therefore informed to the Authorised Officer of M/s.I.O.B. &
Managing Director of Mr.Ranjith Chandar of M/s.Hi Tech Mineral
Industries Covai Pvt. Ltd., to appear before the District
Collector on 02.01.2017 at 4.30pm. in person with all
necessary documents to enquire into the issue of taking
possession of Loan property. It is hereby informed that if
there is no representation it will be persumed that you have
nothing more to state and further action will be taken
accordingly.

Sd/-.
District Collector,
District Executive
Magistrate,
Coimbatore.

To
1) Mr.Ranjith Chandar,
Door No.4-1, Co-operative Colony,
Uppilipalayam,
Coimbatore - 641 015.
https://hcservices.ecourts.gov.in/hcservices/
2) M/s. Indian Overseas Bank,
Authorised Officer,
12/8, Big Bazaar Street,
Oppanakaran Street,
Coimbatore - 641 001.

17. Responding to the notice dated 22.12.2016, one


Mrs.V.Mallika, one of the Directors of M/s.Hi-Tech Mineral
Industries (Covai) Pvt. Ltd., Coimbatore, has sent a reply
dated 02.01.2017 to the District Collector, Coimbatore,
stating that the High Court, Madras has appointed the Official
Liquidator and that he had taken over the assets of the
company and vide reply letter dated 02.01.2017, she has stated
that as per law no recovery proceedings can be taken without
the permission of the Official Liquidator. She also contended
that she has a residential house and that she should not be
evicted and if the factory is sold, it would satisfy the
entire dues of Indian Overseas Bank, Coimbatore Main Branch,
Coimbatore. She has requested the District Collector, not to
permit the bank to take possession of the residential house.

18. Excepting the above, we do not find any materials


supporting the contention of the writ petitioner that he had
furnished all the details to the District Collector,
Coimbatore. There are no materials to indicate that the writ
petitioner has appeared before the District Collector and
apprised him of the orders passed by this Court.
Nevertheless, it is the oral submission of Mr.Silambannan,
learned senior counsel for the writ petitioner that
Mrs.V.Mallika is none other than the writ petitioner's mother.
He further added that the writ petitioner had accompanied her.

19. Be that as it may, what has been directed by this


Court in C.P.No.385 of 2014 in A.No.1141 of 2014 dated
23.03.2015 in the matter of A&A International Trading Pvt.
Ltd. Vs. M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd.,
Coimbatore, is that the Official Liquidator attached to High
Court, Madras has been appointed as the provisional liquidator
and that he has been directed to take charge of the assets of
respondent company. Directors of the respondent company have
been directed to file statement of affairs before the Official
Liquidator within a period of 21 days. Company petitioner has
been directed to deposit a sum of Rs.10,000/- towards initial
expenses before the official liquidator.

20. Even as per the version of the writ petitioner,


Directors of M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd.,
Coimbatore, statement of affairs have not been filed.
Therefore the Official Liquidator, High Court Madras has taken
out an application before the Company Court. From the reading
of the orders of the Company Court, it could be deduced that
assets of the Company alone have been directed to be taken
charge.
https://hcservices.ecourts.gov.in/hcservices/
21. Though on the strength of the judgment of the Hon'ble
Supreme Court in Anita International and another Vs.
Thungabadra Sugar Works Mazdoor Sangh and others reported in
CDJ 2016 SC 527, Mr.Silambannan, learned senior counsel
submitted that banks, should not be permitted to proceed
further and contended that the District Collector, Coimbatore,
is not competent to take any appropriate decision and on that
score prayed that a mandamus be issued, this Court is not
inclined to accept the said contention, for the reason that
from the letter dated 02.01.2017 of Mrs.V.Malliga, we are not
in a position to deduce that the recent judgment of the
Supreme Court stated supra, has been brought to the notice of
the District Collector, Coimbatore.

22. Be that as it may, if supportive materials are


already produced, the District Collector, enjoined with a duty
to pass suitable orders under Section 14 of the SARFAESI Act,
2002, has to consider, as to whether what are all the assets
of the company directed to be taken over by the Official
Liquidator, High Court, Madras, in C.P.No.385 of 2014 in
A.No.1141 of 2014 dated 23.03.2015 and what are all the other
properties, mortgaged with Indian Overseas Bank, for which
assistance can be given. When the matter is pending before
the District Collector, Coimbatore, this Court is not inclined
to interfere with the exercise of jurisdiction conferred on
him under Section 14 of SARFAESI Act, 2002.

23. For the reasons stated supra, while declining to


issue any writ of mandamus, as prayed for, we only direct the
District Collector, to take note of the observations made in
the foregoing paragraphs of this judgment and pass suitable
orders under Section 14 of the SARFAESI Act, 2002.

24. With the above directions, writ petition is disposed


of. No costs. Consequently, the connected Writ Miscellaneous
Petitions are closed.

Sd/-
Asst.Registrar (CS III )

/true copy/

Sub Asst. Registrar

To
1.The District Collector,
office of the District Collectorate,
Coimbatore - 641018.

2.Indian Overseas Bank,


Coimbatore Main Branch,
https://hcservices.ecourts.gov.in/hcservices/
No.1218, Big Bazaar Street,
Coimbatore - 641 001.

3.State Bank of India,


Stress Asset Management Branch,
Avinashi Road, Coimbatore - 641044.

4.The Official Liquidator,


High Court, Madras as the
Provisional Liquidator of
M/s.Hi-Tech Mineral Industries
(Covai) Pvt. Ltd.

+1cc to M/S aavya, Silambanan Associates SR. 7990

+1cc to Government Pleader SR. 8142

W.P.No.2991 of 2017
and
W.M.P.No.2870 of 2017
KS(CO)
VR(28/02/2017)

https://hcservices.ecourts.gov.in/hcservices/

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