M/S.Sri Annanmar Modern Rice Mill v. The Secretary To Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2024
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 8627, 8628 and 18825 of 2020 M/s. Sri Annanmar Modern Rice Mill Rep. By its Proprietor T. Mylendiran RS No.502/10, Kanthalampudur Sivagiri (via) Erode District ... Petitioner -vs1. The Secretary to Government of Tamil Nadu Department of Industries Fort ST. George, Chennai 600 009.
2. The Managing Director The Tamil Nadu Industrial Investment Corporation Ltd. Head Office, MHU Complex, 692, Anna Salai, Nandanam Chennai 600 035.
3. The Branch Manager Tamil Nadu Industrial Investment Corporation Ltd., Erode Branch, C.S. Sengottaiah Complex, II Floor, 23, Chidambaram Colony 80 Feet Road, Periyar Nagar, Erode District.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1/5
1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records made in Impugend Order No.TIIC/ERD/LAO/2019-20 dated 22.02.2020 on the file of the Third Respondent herein and quash the same as illegal and direct the Respondents to grant reasonable time to settle the loan amount after de-selling of Premises at No.502/10 Konthalampudur, Thattampalayam Post, Sivagiri (via), Erode District. For Petitioner : Mr. R.Sankarasubbu For Respondents : Mr. S.Prabhakar (for R1) Government Advocate Mr. K.Mahesh (for R2 and R3)
O R D E R
Heard Mr. R.Sankarasubbu, Learned Counsel for the Petitioner, Mr. S.Prabhakar, Learned Government Advocate appearing for the First Respondent, and Mr. K.Mahesh, Learned Counsel for the Second and Third Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2.
The Petitioner, who had borrowed from the Second and Third Respondents, has filed this Writ petition challenging the auction notice dated 22.02.2020 for sale of the secured property.
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3.
It has been brought to notice by Learned Counsel for the Second and Third Respondents that auction has not been conducted on 23.03.2020 pursuant to the impugned notice. It is further represented that when fresh auction is conducted, fresh valuation of the property would be made before fixing the upset price. In view of the same, nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law. In the result, the Writ Petition is disposed with the aforesaid observations. Consequently connected Miscellaneous Petitions are closed. No costs. 22.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 18.04.2024.
gsa To
1. The Secretary to Government of Tamil Nadu 3/5
Department of Industries Fort ST. George, Chennai 600 009.
2. The Managing Director The Tamil Nadu Industrial Investment Corporation Ltd. Head Office, MHU Complex, 692, Anna Salai, Nandanam Chennai 600 035.
3. The Branch Manager Tamil Nadu Industrial Investment Corporation Ltd., Erode Branch, C.S. Sengottaiah Complex, II Floor, 23, Chidambaram Colony 80 Feet Road, Periyar Nagar, Erode District.
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P.D. AUDIKESAVALU, J.
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