The incident in Puducherry where the finance company came to seal the house of his son after he bought and paid back the loan, did not know that his elderly parents were inside and sealed it has attracted widespread attention. What happened?
Manikkavasakam Durai hails from Muthiyalpettai in the Union Territory of Puducherry. He is working as a construction contractor. He is married with children and lives in his own house with his aged mother and father. It is said that he has taken a loan from a private financial institution.
In this case, it seems that there was a delay in repaying the loan installment and the financial institutions that gave the loan were forcing Manikavasaka to return the loan amount.
In this matter, the financial institutions filed a case in the court regarding the repayment of the loan. While the investigation related to this case was going on, the court ordered the attachment of Manikavasaka’s property for the loan owed to the bank.
With that order, the bank management, along with the court-appointed officer, sealed the house of Manikavasakam and pasted a notice on the house wall.
But after a long time it was revealed that the parents of Manikavasakam were inside that house. News of bank management sealing a house without inspecting it spread all over the area. After getting information about this, the officers who sealed the house were informed about it by the police. After that, the officers removed the seal on the lock of the house and rescued the elderly couple inside.
A housebound elderly couple
Sundari, mother of Manikkavasakam, said, “My son and daughter-in-law had gone outside for a mourning ceremony. As my husband was unwell, we were both inside the house keeping oxygen for him. But they sealed the house and left it behind without our knowledge. It was only after the neighbors came to know about this and informed us over the phone. “We understood the situation. We couldn’t open the door. I don’t know if we were called when it was sealed. We were inside the house and we didn’t know how to go out,” he said.
When BBC Tamil contacted Puducherry Muthialpet Police Assistant Inspector Siva Prakasa about the incident, he said, “The financial institutions have gone to the house of the concerned person through the court-appointed legal officer. We have gone to the police department for security. Especially when the team of the Public Prosecutor’s Office went to the house, it seems that the concerned person left the house completely. “The people who went to seal the house have thoroughly investigated whether there are people in the house. The neighbors have closed the iron door outside to say that they have gone out,” he said.
“But after half an hour, we got information that there were people in the house. We immediately contacted the officers who had sealed it. They rushed to them and removed the seal and took steps to get the elderly couple out of the house. Then they sealed it again. The concerned Manikawasam came and took his parents,” said the police assistant inspector. He said.
Manikavasakam knew in advance that financial institutions would come to seal his house in this matter. Police officials say that the notice regarding sealing of the house was formally sent to him on behalf of the financial institution.
What does the Bar Commission say?
Seal India Tamil Nadu
When BBC Tamil spoke to the lawyer appointed by the court regarding this issue, he said, “Manikkavasakam borrowed a large amount and did not pay it back. We went to his house on June 23 last to recover the loan amount. Then they asked for 10 days. And the person who took the loan went into hiding. Then the elders in the house And because of the presence of children, we avoided them on humanitarian grounds so that they would not suffer. We had given a month and a half time for this,” he said.
“After this again as per the court order 5 policemen including a woman constable, advocate commissioner (appointed by the court to help in this matter), village administrative officer, bank manager, and 15 people including bank employees went. We searched the entire house outside and raised our voices for a long time. “No one came to ring the doorbell and the door was completely locked from the outside, so we sealed the house,” said the lawyer.
What the law says?
Legal expert Subramaniam says that since the lawyer and the concerned authorities have taken a wrong approach in this matter, it is a crime under the law.
“They claim that there is an elderly couple in the house. Besides that they say that they rang the calling bell to make sure that there are people in the house. Some people hear the calling bell in the house, some don’t hear it in the house. I don’t know if they heard it for sure. When that is the case, it is not acceptable to say that the calling bell did not ring. Officers say they heard a knock on the door of the house, and since the occupants were elderly, it is possible that it did not reach their ears, or if it was at the end of the house, it may not have reached their ears.
After confirming that the house is being sealed for foreclosure, are there people in the house or not? Must be 100 percent confirmed. However, I feel that the matter has been mishandled by the Advocate Commissioner and the police department,” he said.
“The Indian Penal Code makes it a crime under the law to confine a person from one place to another without being able to move from one place to another. In this case, elderly people have been locked up in their homes and illegally arrested. This is a case where a first information report is filed at the police station.
Due to being sealed inside, the old people inside the house may have suffered mental distress and even health problems. And it is inhumane to lock an unfit person out of the house,” says senior advocate Subramaniam.
BBC Tamil on Social Media:
The financial company Sealed to house with elderly couple in Puducherry
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