Madras High CourtWP/8526/2026disposed of

A.Valliyammal Also v. Senior Reional Manager

2026-03-18Honourable Mr Justice Abdul Quddhose7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2026 CORAM :

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.No.9226 of 2026 1.A.Valliyammal 2.Mangayerkarasi ... Petitioners Vs.

1.Senior Regional Manager, The TamilNadu Industrial Investment Corporation Ltd., A Government of Tamil Nadu Undertaking, No.37-C, 2nd Floor, Whites road, Royapettah, Chennai - 600 014.

2.The Branch Manager, The TamilNadu Industrial Investment Corporation Ltd., A Government of Tamil Nadu Undertaking, Villupuram Branch, No 23-A, Ranganathan Road, (Hotel Woodlands Complex), 1st Floor, Chennai-Trichy Trunk Road, Villpuram - 605 602.

3.Rajalakshmi 4.Rajalakshmi 5.Vetrivel ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records pertaining to the issue of the 'e' auction notice dated 10.02.2026 duly issued by the Branch Page No.1 of 7

Manager, The Tamilnadu Industiral Investment Corporation Ltd., a Government of Tamilnadu, No.23-A, Ranganathan Road, (Hotel Woodlands Complex), 1st Floor Chennai-Trichy Trunk Road, Villupuram - 605 602, the 2nd respondent herein and quash the same.

For Petitioners : Mr.Vijayakumar Senior Counsel for M/s.D.Ashokkumar For Respondents : Mr.K.Magesh Standing Counsel [R1 & R2] Notice dispensed with [R3 to R5] *****

ORDER

This Writ Petition has been filed challenging the impugned e-auction notice, dated 10.02.2026 issued by the 2nd respondent.

2. Mr.K.Magesh, learned Standing Counsel, accepts notice on behalf of the respondents 1 and 2. Since no adverse orders are passed against the respondents 3 to 5 in this writ petition, notice to the respondents 3 to 5 is dispensed with by this Court.

3. When the matter was taken up for hearing today, the petitioners have handed over two demand drafts, both dated 17.03.2026, one for a sum of Rs.5,20,000/- and another for a sum of Rs.5,64,000/- towards part settlement of the dues payable to the official respondents-Corporation as per the decree Page No.2 of 7

obtained by the petitioners' father from the civil court in O.S.No.9898 of 2010 on the file of III Fast Track Court, Additional District Judge, Chennai.

4. The total dues payable by the petitioners as per the judgment and decree passed by the civil court is Rs.73,77,716/- as seen from the memo of calculation submitted by the respondents 1 and 2. However, the said payment is subject to the result of the first appeal filed by the respondents 1 and 2 where the respondents 1 and 2 have sought for enhanced payments. The petitioners have also made an endorsement in the court bundle stating that the balance amount of Rs.62,93,469/- as per the decretal debt in O.S.No.9898 of 2010 shall be paid to the respondents 1 and 2, within a period of two months from the date of receipt of a copy of this order.

5. The learned counsel appearing for the petitioners submits that the impugned auction notice can be deferred for a period of two months from the date of receipt of a copy of this order to enable the petitioners to pay the balance amount as per the civil court judgment rendered on 23.11.2011 in O.S.No.9898 of 2010.

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6. The learned Standing Counsel appearing for the respondents 1 and 2 has not raised any serious objection with regard to the proposal submitted by the petitioners as recorded supra, but, however, he would submit that the said payment cannot be received towards full and final settlement, since the same is the subject matter of the first appeal in A.S.No.421 of 2013 pending on the file of this Court, where the respondents 1 and 2 have sought enhancement of the amount determined by the civil court in the original suit.

7. After hearing the rival submissions and after recording the endorsement made by the 2nd petitioner as well as the learned counsel for the petitioners and also after recording the fact that the petitioners have handed over to the learned Standing Counsel appearing for the respondents 1 and 2 the two demand drafts favouring the official respondents-Corporation, one for a sum of Rs.5,20,000/- and another for a sum of Rs.5,64,000/-, both dated 17.03.2026 towards part satisfaction of the decretal debt as per the judgment rendered in the original suit, this Court directs the petitioners to pay the 2nd respondent the balance amount of Rs.62,93,469/- as per the decretal debt passed in the civil suit filed by the petitioners' father in O.S.No.9898 of 2010 on the file of III Fast Track Court, Additional District Judge, Chennai, within a period of two (2) months from the date of receipt of a copy of this order. Till such time, the Page No.4 of 7

respondents 1 and 2 shall defer the auction of the subject property and only in case, the petitioners default in the payment of the balance amount as per the judgment of the civil court obtained by the petitioners' father in O.S.No.9898 of 2010 on the file of the III Fast Track Court, Additional District Judge, Chennai, the official respondents can proceed with the auction. However, in case, the respondents 1 and 2 succeeds in the first appeal either partially or wholly, the petitioners may have to pay the additional amount as determined by the first appellate court. The petitioners are permitted to approach the respondents 1 and 2 for the purpose of arriving at an one time settlement. In view of the above directions issued by this Court, the impugned e-auction notice, dated 10.02.2026 is directed to be deferred by the official respondents for a period of two (2) months from the date of receipt of a copy of this order.

8. With the aforesaid directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 18.03.2026 Index : Yes / No (2/2) Speaking order / Non-speaking order sp Page No.5 of 7

ABDUL QUDDHOSE, J.

sp To 1.The Senior Regional Manager, The TamilNadu Industrial Investment Corporation Ltd., A Government of Tamil Nadu Undertaking, No.37-C, 2nd Floor, Whites road, Royapettah, Chennai - 600 014.

W.M.P.No.9225 of 2026 in ABDUL QUDDHOSE, J.

Ordered on payment of separate court fee.

18.03.2026 sp (1⁄2) Page No.7 of 7