Mr. D.Gangatharan v. The Tamilnadu Industrial Investment Corporation Limited,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA Writ Petition No.3422 of 2020 Mr.D.Gangatharan ..

Petitioner -vsThe Tamilnadu Industrial Investment Corporation Limited (A Government of Tamilnadu Undertaking) represented by its Branch Manager / Authorised Officer No.60/1B, Imperial Plaza Nellikuppam Main Road Opp.to SIDCO Industrial Estate Semmandalam Cuddalore 607 001 ..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for records with regard to impugned E-auction dated 14.1.2020 issued by the respondent and quash the same.

Schedule Mentioned Property Property-I Vacant land at Plot No.8 comprised in old S.No.510, New S.No.15/4 and sub divided as S.No.15/4A1A and as per patta New R.S.No.719/12 & 715/10,11,14 measuring 2400 sq.ft in Sabapathi Nagar, Vadakuthu, Kurinjipadi Taluk, Cuddalore District. Property-II Vacant land at Plot No.55 comprised in old S.No.510, New S.No.15/4 and sub divided as S.No.15/4A1A and as per patta New R.S.No.719/12 & 715/10,11,14 measuring 2400 sq.ft in Sabapathi Nagar, Vadakuthu, Kurinjipadi Taluk, Cuddalore District.

Property-III Vacant land at Plot No.56 comprised in old S.No.510, New S.No.15/4 and sub divided as S.No.15/4A1A and as per patta New R.S.No.719/12 & 715/10,11,14 measuring 2400 sq.ft in Sabapathi Nagar, Vadakuthu, Kurinjipadi Taluk, Cuddalore District. Property-IV Vacant land at Plot No.57 comprised in old S.No.510, New S.No.15/4 and sub divided as S.No.15/4A1A and as per patta New R.S.No.719/12 & 715/10,11,14 measuring 2400 sq.ft in Sabapathi Nagar, Vadakuthu, Kurinjipadi Taluk, Cuddalore District. For Petitioner ::

Mr.K.Jagannathan For Respondent ::

Mr.K.Maghesh Standing Counsel

ORDER

(Order of the Court was made by M.SATHYANARAYANAN, J.) This Court, in continuation and in conjunction with the earlier order dated 12.2.2020, is passing the following order:-

2. The learned standing counsel appearing for the respondent-TIIC, on instructions, would submit that on the date of auction on 13.2.2020, the borrower had approached the financial institution and made a remittance of Rs.2,50,000/- and accordingly, the e-auction sale was stopped.

3. The learned counsel for the petitioner would submit that the petitioner is only a guarantor and in the light of the fact that the e-auction sale was not proceeded with, nothing remains for further adjudication in this writ petition, and prays for the leave of this Court to withdraw the writ petition and has also made an endorsement to that effect.

4. In the light of the endorsement made, the writ petition is dismissed as withdrawn. Consequently, W.M.P.Nos.3986 & 3995 of 2020 are also dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ss

To

1. The Branch Manager / Authorised Officer Tamilnadu Industrial Investment Corporation Limited (A Government of Tamilnadu Undertaking) No.60/1B, Imperial Plaza Nellikuppam Main Road Opp.to SIDCO Industrial Estate Semmandalam Cuddalore 607 001 +1cc to Mr.K.Magesh, Advocate, Sr.No.12263 W.P.No.3422 of 2020 EV(CO) GS(02/07/2020)