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Madras High CourtWP/29105/2007dismissed as infructuous

A.Periyasami v. The Manager

2019-06-25Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.29105 of 2007 and M.P.No.1 of 2007 A.Periyasami ..Petitioner vs 1.The Manager, State Bank of India, (H.O.) Vellore.

2.The Manager, Odiyathur Village, State Bank of India, Pallikonda (Via), Vellore District.

3.Harvel Tractor, 151, Katpadi Road, Virudhampattu Village, Katpadi Taluk, Vellore District.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India seeking for a Writ of Mandamus forbearing the respondents 1 and 2 from forcibly seizing the Tractor TN.23 AY7229, TN.23 7230 Trailer, Puddler, Tiller and Leveler without following due process of law. For Petitioner : Ms.R.T.Sundari For Respondents : Mr.P.Elayaraj Kumar for M/s.Ramalingam & Associates for R1 and R2 No appearance for R3

ORDER

The petitioner has come forward with this writ petition for issuance of writ of mandamus forbearing the respondents 1 and 2 forcibly seizing the Tractor bearing No.TN.23 AY7229, Trailer bearing No. TN.23 7230, Puddler, Tiller and Leveler.

2. The learned counsel appearing for the respondents 1 and 2 would state that when the writ petition came up for admission, a conditional order was passed, directing the petitioner to deposit a sum of Rs.75,000/-. However, the petitioner has not complied with the said condition.

3. The learned counsel for the petitioner would submit that the petitioner's Tractor was seized in the year 2007 itself. 4.In the light of the above fact, this writ petition is dismissed as infructuous. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

25.06.2019 Index : Yes/No Internet : Yes/No Speaking/ Non Speaking Order ms

To 1.The Manager, State Bank of India, (H.O.) Vellore.

2.The Manager, Odiyathur Village, State Bank of India, Pallikonda (Via), Vellore District.

3.Harvel Tractor, 151, Katpadi Road, Virudhampattu Village, Katpadi Taluk, Vellore District.

K.KALYANASUNDARAM, J., ms W.P.No.29105 of 2007 and M.P.No.1 of 2007 25.06.2019