K. Mahedevn v. The Regional Engineer, Tamil

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.07.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 28107 of 2008 K.Madhevan

...Petitioner

vs 1.The Regional Manager, 2.Branch manager, 3.Branch Manager, 4.S.Palaniappan ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari Mandamus, calling for the records relating to the impugned auction notification of the third respondent herein TIIC/CBE (SRB)/LAA-RR/2008-2009 dated 05.11.2008 quash the proposed auction insofar as the petitioner property in respect of two acres of agricultural land in Rs. No. 79773,4, O.S.No.10/1, 2 of Thorapalli, Village Gudular Taluk, Niligiri Disrict and further forbear the respondents 1 to 3 herein in any manner disposing under Section 29 of State Financial Corporation Act, 1951 in future in respect of the petitioner's property. For Petitioner : Mr. M.Sekar and Ms.S.Jayeshree For Respondents : Mr.J.Ramesh, AGP for R1 No appearance for R4 Mr.P.Mahesh, for R2 & R3

O R D E R

The prayer sought for herein in this Writ Petition is for issuance of a Writ of Certiorari Mandamus, calling for the records relating to the impugned auction notification of the third respondent herein TIIC/CBE(SRB)/LAA-RR/2008-2009 dated 05.11.2008 quash the proposed auction insofar as the petitioner property in respect of two acres of agricultural land in Rs. No. 79773,4, O.S.No.10/1, 2 of Thorapalli, Village Gudular Taluk, Niligiri Disrict and further forbear the respondents 1 to 3 herein in any manner disposing under Section 29 of State Financial Corporation Act, 1951 in future in respect of the petitioner's property.

2.The learned Additional Government Pleader appearing on behalf of the first respondent/Corporation would submit that the second respondent has issued a notice to the petitioner for repayment of the balance loan amount. After a long time, the petitioner has settled the entire loan amount.

3. From the foregoing reasons, nothing survives for further adjudication in this present writ petition. Accordingly, the writ petition is dismissed as infructuous. However, there shall be no order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tta To 1.The Regional Manager, 2.The Branch manager,

3.The Branch Manager, +1cc to Mr.K.Magesh, Advocate Sr.60576 +1cc to Mr.M.Sekar, Advocate Sr.60542 +1cc to the Government Pleader Sr. 60244 W.P.No. 28107 of 2008 br[co] srg 27/08/2019