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Madras High CourtWP/13901/2019dismissed as infructuous

R.Sethunathan v. The Government Of Tamil Nadu

2021-11-23Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.13901 OF 2019 1.R.Sethunathan 2.R.Raja Sudhakar

...Petitioners

vs.

1.The Government of Tamilnadu, rep. by its Chief Secretary, Secretariat Building, Chennai 600 009.

2.The Law Secretary, Law Department, Secretariat Building, Chennai 600 009.

3.The Secretary, Home Department, Secretariat Building, Chennai 600 009.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents to appoint an Official Receiver for the District Court, Villupuram, so as to enable the sale of the properties which are the subject matter of I.P.No.36 of 1970 for discharging the Pro-Note Debts dated 24.04.1969 and 25.05.1969, borrowed by Nandagopal Chettiar, the Insolvent in I.P.No.36 of 1970.

For Petitioners :

Ms.G.Sudha For Respondents :

Mr.J.Ravindran, Addl. Advocate General assisted by Mr.M.R.Gokulakrishnan, Government Advocate

O R D E R

Petitioners have come up with this Writ Petition seeking a direction to the Respondents to appoint an Official Receiver for

the District Court, Villupuram, so as to enable the sale of the properties which are the subject matter of I.P.No.36 of 1970 for discharging the Pro-Note Debts dated 24.04.1969 and 25.05.1969, borrowed by Nandagopal Chettiar, the Insolvent in I.P.No.36 of 1970.

2. Heard the learned counsel for the parties and perused the material documents available on record.

3. This Court, by an order dated 15.11.2021, issued a direction to the 3rd Respondent herein to appoint an Official Receiver and disclose the name of the appointed Official Receiver on or before 23.11.2021. In compliance of the said order, one Mr.G.Sudhakaran, Advocate, was appointed as Official Receiver vide G.O.(2D) No.285, Home (Courts-V) Department, dated 22.11.2021.

4. As the relief sought for by the Petitioners to appoint an Official Receiver has been granted, nothing further survives for consideration in this Writ Petition. This Court expects that, the Official Receiver will take all possible steps in disbursing the amount to the judgment creditor. Accordingly, the Writ Petition stands dismissed as having become infructuous. No costs. Consequently, connected W.M.P.No.13964 of 2019 is closed. Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar (aeb) To:

1.The Chief Secretary, Government of Tamilnadu, Secretariat Building, Chennai 600 009.

2.The Law Secretary, Law Department, Secretariat Building, Chennai 600 009.

3.The Secretary, Home Department, Secretariat Building, Chennai 600 009.

Copy To 1.The District Judge, District Court, Villupuram.

2.Thiru.G.Sudhakaran, Advocate S/o.P.Gunasekaran, No.17, Rangasamy Street, Periyagaram Village.

Gingee Taluk, Villupuram District.

+1cc to M/s.N.Mala, Advocate SR.No.60740 +1cc to the Government Pleader SR.No.61493 W.P.No.13901 of 2019 PL(CO) RVM(14/12/2021)