R.Jesudoss v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 12568 of 2020 & W.M.P.Nos. 15497, 15498 & 16020 of 2020 R.Jesudoss

...Petitioner

Vs.

1. The Authorized Officer, Andhra Bank, Punjaipuliampatti Branch, No.50/1,2 Thiru Vi-Ka Street, Punjaipuliampatti, Erode District - 638 459.

2. The Sub-Registrar Punchaipuliyampatti, Office of the Sub-Registrar Punchaipuliyampatti, Erode District - 638 459.

...Respondents

Petition under Article 226 of the Constitution of India praying for a writ of certiorari calling for the records pertaining to the alleged e-auction sale conducted on 27.03.2020 by the first respondent in respect of property which is subject matter of sale and quash the same.

For Petitioner ..

Mr.K.Venkateswaran For Respondents ..

Mr.Veeraraghavan for R1 Mr.R.Vijayakumar, Additional Government Pleader for R2

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Challenging the e-auction sale conducted by the first respondent on 27.03.2020, the present writ petition has been filed.

2.We have heard the learned counsel appearing for the petitioner, the learned counsel appearing for the first respondent/Bank and the learned Additional Government Pleader appearing for the second respondent.

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3.When the matter is taken up for hearing, the learned counsel appearing for the first respondent/Bank submitted that the sale is over and the sale certificate has already been registered in Document No. 2354 of 2020 dated 24.06.2020. 4.In such view of the matter, nothing survives for adjudication in this writ petition. Liberty is given to the petitioner to challenge the same within a period of four weeks from the date of receipt of a copy of this order before the jurisdictional Debts Recovery Tribunal. As and when the application is filed, as aforesaid, the jurisdictional Debts Recovery Tribunal shall consider the same without rejecting it on the ground of limitation.

5.With the above said observation, the writ petition stands closed. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Authorized Officer, Andhra Bank, Punjaipuliampatti Branch, No.50/1,2 Thiru Vi-Ka Street, Punjaipuliampatti, Erode District - 638 459.

2. The Sub-Registrar Punchaipuliyampatti, Office of the Sub-Registrar Punchaipuliyampatti, Erode District - 638 459 +1cc to M/s.K.Venkateshan, Advocate in Sr.30852 W.P.No. 12568 of 2020 VSN-II(CO) RV(13/10/2020) https://hcservices.ecourts.gov.in/hcservices/