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Madras High CourtWP/31536/2015withdrawn dismissed

A.Mohammed Risak v. The Authorized Officer

2018-09-11Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2018

CORAM

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.31536 of 2015 A.Mohammed Risak .. Petitioner Vs.

1. The Authorized Officer Asset Reconstruction Company (India) Ltd.

Chennai, No.715-C, 7th Floor Spencer Plaza Phase-II, No.769 Anna Salai, Chennai - 600 002.

2. The Authorized Officer Karur Vysya Bank Namakkal District Door No.6/68, Anna Nagar Paramathi Road Namakkal District - 637 002.

3. The District Magistrate and District Collector Namakkal, Namakkal District.

4. Hasseen Banu .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the 3rd respondent passed in ROC 7381/2015/M4, dated 10.9.2015, quash the same, consequently restrain the 1st respondent, their men, agents from interfering with the physical possession of the petitioner and from in any manner evicting the petitioner from the residential portion of the house property situated at Old No.204, New No.1/543, Kamaraj Nagar, Poiyerikarai, Paramathi Road, Namakkal 637 002 except under due process of law. For Petitioner : Mr.T.Ramkumar https://hcservices.ecourts.gov.in/hcservices/

For Respondents : Mr.V.Jayachandran for 1st respondent No appearance for respondents 2 to 4

ORDER

The learned counsel for the petitioner seeks leave to withdraw this petition with liberty to approach the Debts Recovery Tribunal. He has also made an endorsement to that effect.

In view of the above, leave to withdraw the writ petition is granted and this writ petition is dismissed as withdrawn. It is made clear that if the petitioner approaches the Debts Recovery Tribunal, the Tribunal shall deal with the matter in accordance with law. No costs. Consequently, M.P.Nos.1 and 2 of 2015 are closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar sasi To:

The District Magistrate and District Collector Namakkal, Namakkal District.

+1cc to Mr.V.Jayachandran, Advocate, S.R.No.63208. W.P.No.31536 of 2015 rrs 24/09/2018.

https://hcservices.ecourts.gov.in/hcservices/