P.Parameswaran v. The Official Assignee

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.30601 of 2008 P.PARAMESWARAN ..Petitioner .Vs.

1 THE OFFICIAL ASSIGNEE HIGH COURT, MADRAS - 114.

2 THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL 4/162, KALYANI TOWERS METTUR ROAD, UTHANGUDI MADURAI - 625 157.

3 THE BRANCH MANAGER CANARA BANK 209, TEPPAM NORTH BAZAAR VIRUDHUNAGAR VIRUDHUNAGAR DT.

4 P.RANGARAJU ..Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to pay a sum of Rs.20,04,000/-, being the bid amount, to the third respondent bank in respect of R.P.No.4 of 2007 in DRC No.204 of 2000 from and out of the amount of sum of Rs.2,18,41,835/- belonging to the fourth respondent.

For Petitioner : Ms.P.Suja for M/s.K.Rajasekaran

For Respondents : Mrs.V.Uma Official Assignee and Mr.M.Vasantha Kumar Deputy Official Assignee for 1st respondent R2 - Tribunal No appearance for respondents 3 and 4

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The above writ petition has been filed by the petitioner to issue a writ of mandamus directing the first respondent to pay a sum of Rs.20,04,000/-, being the bid amount, to the third respondent bank in respect of R.P.No.4 of 2007 in DRC No.204 of 2000 from and out of the amount of sum of Rs.2,18,41,835/- belonging to the fourth respondent.

2. When the writ petition is taken up for hearing, Mr.M.Vasantha Kumar, learned Deputy Official Assignee submitted that the first respondent had already paid a sum of Rs.43,00,000/- to the third respondent on 19.2.2010. That apart, the learned Deputy Official Assignee has also produced the details with regard to the payment made to the third respondent on 19.2.2010 in the typed set of papers. Further, the learned Deputy Official Assignee submitted that since the amount has already been disbursed to the third respondent, the relief sought for in the writ petition has become infructuous. In view of the above, we dismiss the writ petition as infructuous. No costs. Consequently, M.P.No.1 of 2008 is closed.

sasi Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1 THE OFFICIAL ASSIGNEE HIGH COURT, MADRAS - 114.

2. THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL 4/162, KALYANI TOWERS METTUR ROAD, UTHANGUDI MADURAI - 625 157.

+1cc to Mr.K.Rajasekaran, Advocate, SR.No.62061 W.P.No.30601 of 2008 Kak(19/08/2019)