Mr.K.Suresh Ram Athithan, v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.8.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.M.P.No.23171 of 2017 in Review APLW. SR 79468 of 2017 Review APLW. SR 79468 of 2017 K.Suresh Ram Athithan Proprietor of M/s.Multimedia Communication Petitioner

Versus

1. The Authorised Officer, Tamilnad Mercantile Bank Ltd., Dr.Nanjappa Road Branch, Coimbatore.

2. The District Magistrate and District Collector, Coimbatore.

3. The Commissioner of Police, Coimbatore North.

4. The Revenue Divisional Officer, Coimbatore.

5. The Tahsildar, Coimbatore North, Coimbatore.

6. The Inspector of Police, Saravanampatti Police Station, Coimbatore.

Respondents

Prayer: Petition to grant leave to file the review application in W.P.No.10867 of 2017 Review Petition filed under Order 47 Rule 1 read with Section 114 CPC to review the order dated 5.6.2017 passed in W.P.No.10867 of 2017 on the file of this court.

For petitioner : Mr.V.C.Selvasekaran COMMON ORDER (Order of the court was made by RMT.TEEKAA RAMAN, J.) Heard the learned counsel appearing for the petitioner for some time.

2. This petition has been filed by the borrower seeking to review the order passed by this court in W.P.No.10867 of 2017.

3. It appears that the petitioner has moved the Debts Recovery Tribunal challenging the upset price fixed and the matter is pending. At this stage, by an order dated, which is now sought to be reviewed, a direction has been given to the authorities to implement the order passed by the District Magistrate and District Collector, taking the assistance of police. As such, we are not inclined to give any protection or leave to this petitioner herein. In that view of the matter, the relief sought for cannot be extended to the petitioner. Accordingly, the petition seeking leave to the petitioner to file the review application is dismissed and consequently, the Review Petition at SR stage is rejected. However, it is made clear that it is open to the

petitioner to challenge the order of the District Collector, if he is so advised. (H.G.R.,J.)(T.K.R.,J.) 30.8.2017 Index:Yes/No Internet:Yes/No ssk.

To:

1. The Authorised Officer, Tamilnad Mercantile Bank Ltd., Dr.Nanjappa Road Branch, Coimbatore.

2. The District Magistrate and District Collector, Coimbatore.

3. The Commissioner of Police, Coimbatore North.

4. The Revenue Divisional Officer, Coimbatore.

5. The Tahsildar, Coimbatore North, Coimbatore.

6. The Inspector of Police, Saravanampatti Police Station, Coimbatore.

HULUVADI G. RAMESH, J.

AND RMT.TEEKAA RAMAN, J.

ssk.

W.M.P.No.23171 of 2017 in Review APLW. SR 79468 of 2017 Review APLW. SR 79468 of 2017 30.8.2017.