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Madras High CourtWP/3048/2022withdrawn dismissed

Swamy Matriculation Higher Secondary v. Chellammal Educational And Charitable Trust

2022-02-18Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NO.3048 OF 2022 Swamy Matriculation Higher Secondary School, rep. by its Principal N.Sangupathy, Thirumalaipady Road, Keelpalur, Ariyalur District-621 707.

.. Petitioner Vs

1. Chellammal Educational & Charitable Trust, rep. by its Managing Trustee V.Govindasamy, 129/111, Thanjore Road, Kilapalur-621 707, Ariyalur District.

2. City Union Bank, Credit Recovery and Management Department, rep. by its Authorised Officer, Narayana, Administrative Office, No.24-B, Gandhi Nagar, Kumbakonam-612 001.

.. Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the second respondent from enforcing the illegal mortgage created by the first respondent with the second respondent by depositing the title deeds of the petitioner school property namely lands and building situate in Survey No.S.F.No.459/4B in Keelapalur Village, Ariyalur Taluk and District measuring an extent of 4.25.0 Ares - 10.50 acres with the second respondent which is registered as document No.1980 of 2016 at the Office of the SubRegistrar, Kilpalur, Ariyalur Taluk and District. https://hcservices.ecourts.gov.in/hcservices/

For the Petitioner : Mr.K.Shanmugakhani

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to take appropriate remedy, as may be available. He has also made an endorsement to that effect.

2. In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for. No costs. Consequently, W.M.P.No.3203 of 2022 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To:

The Authorised Officer, City Union Bank, Credit Recovery and Management Department, Narayana, Administrative Office, No.24-B, Gandhi Nagar, Kumbakonam-612 001.

+1cc to the Government Pleader, S.R.No.10785 W.P.No.3048 of 2022 PA(CO) PM/24/02/2022 https://hcservices.ecourts.gov.in/hcservices/