S.Vaiyapuriyappan v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2018

CORAM

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.1260 of 2010 S.Vaiyapuriyappan .. Petitioner Vs

1. The Authorized Officer Regional Office Syndicate Bank No.105/106, Ponnurangam Road (West) R.S.Puram, Coimbatore - 641 002.

2. The Manager Syndicate Bank SME Branch No.220, Dr.Rajendra Prasad Road Tatabad, Coimbatore - 641 012.

3. P.Samivel Proprietor, Kishan Fabrics Door No.3/90, K.V.Madhappur Somanur - 641 668 Coimbatore District.

4. The Superintendent of Police Coimbatore Rural District Coimbatore - 18.

5. The Inspector of Police District Crime Branch Coimbatore - 18.

(R4 and R5 impleaded by order dated 29.9.2011 in MP.1/2011)

6. P.Balasubramanian .. Respondents (R6 impleaded as per order dated 10.8.2012 in MP.2/2011) PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorari to call for the records of the first respondent bank pertaining to the sale notice dated 3.12.2009 in Ref.3189/ORD953/6132/CRP/REC/2008 in respect of the petitioner's immovable property in S.F.No.83/20 of Karavazhi Madhappur Village, Somanur, Coimbatore District and quash the same and also quash the consequent public auction notice dated 14.12.2009 issued by the first respondent bank published in the daily newspaper "Dhinathanthi" dated 23.12.2009. For Petitioner : Mr.P.M.Duraiswamy For Respondents : Mr.P.Sreenivasulu for respondents 1, 2 and 6 Mr.T.Sathyaseelan for 3rd respondent Mr.S.Kamalesh Kannan Government Advocate for respondents 4 and 5

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner has approached this Court against the public auction sale notice dated 14.12.2009.

2. The learned counsel for the respondent bank submitted that the matter has been settled and the documents will be released to the petitioner immediately after withdrawal of the writ petition. The learned counsel also produced a letter dated 29.10.2018 addressed to him to the said effect and the same is taken on record.

3. The learned counsel for the petitioner states that now the writ petition has become infructuous and submits that the respondent bank may be directed to release the documents expeditiously.

4. In view of the above, the writ petition is dismissed as infructuous. No costs.

5. The learned counsel for the respondent bank states that as the writ petition is dismissed, they will return the documents to the petitioner within ten days. The said statement is recorded.

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

1. The Superintendent of Police Coimbatore Rural District Coimbatore - 18.

2. The Inspector of Police District Crime Branch Coimbatore - 18.

+1cc to Mr.P.M.Duraiswamy, Advocate sr.no.84830 +1cc to Mr.P.Sreenivasulu, Advocate sr.no.85316 +1cc to Mr.R.Raveendran, Advocate sr.no.85679 W.P.No.1260 of 2010 sj(co) nr 24/12/2018