E.Murugan v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.230 of 2020 and W.M.P.Nos.262 and 265 of 2020 1.E.Murugan 2.K.Anandhan .. Petitioners Vs.

1.The Authorised Officer, Tamil Nadu Mercantile Bank Ltd., Vandavasi Branch, Thiruvannamalai District.

2.The Inspector of Police, Vandavasi South Police Station, Thiruvannamalai District.

3.P.H.Abdul Majith Maraikaayar .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus forbearing the first respondent from bringing the petitioners' properties for public auction situated at Veppankaranai Village, Madhuranthagam Taluk, Kanchipuram District comprised in new Survey No.98/4, 100/2B to an extent of 10 cents and Veeralur Village, Kalasapakkam Taluk, Thiruvannamalai District comprised in New Survey No.739/21 to an extent of 1608 sq.ft. till the completion of investigation by the second respondent.

For Petitioners .. Mr.M.Sridhar For Respondents .. Mr.V.Chandrasekaran for R1 Mr.R.Vijayakumar, Addl. Govt. Pleader for R2 R3 - No appearance

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking to forbear the first respondent from bringing the petitioners' properties for public auction situated at Veppankaranai Village, Madhuranthagam Taluk, Kanchipuram District comprised in new Survey No.98/4, 100/2B to an extent of 10 cents and Veeralur Village, Kalasapakkam Taluk, Thiruvannamalai District comprised in New Survey No.739/21 to an extent of 1608 sq.ft. till the completion of investigation by the second respondent, the present writ petition has been filed. 2.Heard the learned counsel appearing for the petitioners, learned counsel appearing for the first respondent and the learned Additional Government Pleader appearing for the second respondent.

3.After making submissions, learned counsel appearing for the petitioners submitted that without prejudice to the contentions, which could be raised before the appropriate forum, the petitioners may be given two weeks' time to approach the first respondent Bank for resolving the dispute. 4.Considering the above and taking note of the fact that the petitioners are farmers, we are inclined to grant two weeks from the date of receipt of a copy of this order, during which time, there shall be an order of status quo. Within the aforesaid time, the petitioners are at liberty to resolve the dispute with the first respondent Bank. If no settlement is arrived at within the aforesaid period, it is open to the first respondent Bank to proceed in accordance with law.

5.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi

To 1.The Authorised Officer, Tamil Nadu Mercantile Bank Ltd., Vandavasi Branch, Thiruvannamalai District.

2.The Inspector of Police, Vandavasi South Police Station, Thiruvannamalai District.

+1 CC to Mr.M.Sridhar, Advocate, sr 23001 +1 CC to Mr.V.Chandrasekaran, Advocate, sr 23111 W.P.No.230 of 2020 RJI (CO) AT (21/05/2020)