M/S.H15 Smart Stores v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M/s.H15 Smart Stores Rep. by its Proprietor R.Rajendran : Petitioner Vs The Authorised Officer Canara Bank, 73, Lakshmi Complex, Cross Cut Road Gandhipuram, Coimbatore.

: Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus restraining the respondent from further alienating the property of the Petitioner in the nature of vacant land at SF No.400/1, Kondayampalayam Village, Periyanaickenpalayam Sub Registration District, Coimbatore District, which is an extent of 64 cents, till the disposal of the SA No. 150/2021 filed by the Petitioner pending before the Debt Recovery Tribunal, Coimbatore. For the Petitioner :

No appearance For the Respondents :

Mr.N.G.Durairajan

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner.

2. Mr.N.G.Durairajan, learned counsel for the respondent bank submits that before the Writ Petition was filed, the property was sold and sale certificate was also issued to the auction-purchaser; whereas the relief claimed in the present Writ Petition is to restrain the respondent from alienating the property of the petitioner.

3. The relief itself would not survive.

4. In light of that, the Writ Petition is dismissed. There will be no order as to costs. Consequently, WMP No.12947 of 2021 is closed. (S.V.G., CJ.) (P.D.A., J.) 02.08.2023 Index : Yes/No : Yes/No tar

To The Authorised Officer Canara Bank, 73, Lakshmi Complex, Cross Cut Road Gandhipuram, Coimbatore.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 02.08.2023