M. Arumugam v. The Recovery Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.4.2017

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE DR.JUSTICE S.VIMALA Writ Petition No.22543 of 2011

1. M.Arumugam

2. Sridevi

3. Minor A Sankar

4. Minor A.Nivedha ..Petitioners [Minors rep. by their father & natural guardian - first petitioner] Vs.

1. The Recovery Officer The Debts Recovery Tribunal 1670, Trichy Road Ramanathapuram Coimbatore 641 045.

2. Union Bank of India rep. by its Branch Manager Gudalur Branch Gudalur 643 212 The Nilgiris District.

3. M/s. Vahini Automobiles rep. by its Proprietor 10/390A, Calicut Road Gudalur The Nilgiris District.

4. M.Subramanian

5. C.R.Nanjundan Chetty

6. M/s. Vana Durga Exports rep. by its Prop. M.Subramanian 10/452, Gudalur Bazaar Ooty-Mysore Road, Gudalur The Nilgiris District.

7. M.Palaniammal

8. M.Marimuthu

9. Sakunthala

10. Kanchana Devi

11. Selvaraj ..Respondents Petition under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus calling for the records relating to the Recovery Certificate dated 30.10.2009 made in DRC No.52/2009 in T.A.No.1706/2002, the order of attachment of immovable property dated 17.6.2010 made in T.A.No.1706/2002 in DRC No.52/2009 in R.P.No.114/2009 and the order dated 12.8.2011 made in DRC No.52/2009 in R.P.No.114/2009 on the ifle of the first respondent and quash the same insofar as the same is relating to their property bearing D.No.10/284 & S.F.No.1022/28 in Gudalur Town, the Nilgiris District and consequently, direct the second respondent to refund the sum of Rs.7,00,000/- unauthorisedly and illegally taken away by it from the S.B. A/c. No.348502010013500 maintained by the petitioner to him, along with interest at 24% p.a. within the time that may be fixed by this Court.

For Petitioners : Mr.T.M.Naveen

O R D E R

(Made by Huluvadi G.Ramesh,J) The learned counsel for the petitioner, by his letter dated 24.3.2017, sought to withdraw this writ petition as the matter was settled amicably between both the parties and therefore, the matter is listed today under the caption "for withdrawal".

2. In view of the above, this writ petition is dismissed as withdrawn. There shall be no order as to costs. Consequently, MP Nos.1 and 2 of 2011 are also dismissed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

kpl To The Recovery Officer The Debts Recovery Tribunal 1670, Trichy Road Ramanathapuram Coimbatore 641 045.

+1cc to M/S.T.P. Jotheeswaran, Advocate Sr. 23096 +1cc to M/S. Sainath sridevan, Advocate Sr. 23205 W.P.No.22543 of 2011.

SAI(CO) VR(28/4/2017)