Madras High CourtWP/14630/2020dismissed

Shanthi v. Authorised Officer / Chief Manager

2020-11-04Honourable Mr Justice M. Sathyanarayanan,Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.11.2020

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.No.14630 of 2020 and W.M.P.Nos.19605, 18152 & 18153 of 2020 Shanthi .. Petitioner

Versus

1.Authorised Officer/Chief Manager, Punjab National Bank, (Secured Creditor), No.774, Oppanakara Street, Coimbatore.

2.R.Rajendran 3.Mary Maragatham .. Respondents Prayer:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the records of the learned Chief Judicial Magistrate, Coimbatore culminating in C.M.P.No.1161/2019 dated 04.03.2020 and quash the same and further direction to the 1st respondent / Bank not to take any coercive steps in taking physical possession of the petitioner property in Door No.39/69, Sir Shanmugham Road, R.S.Puram, Coimbatore 641 002 in pursuance of the order dated 04.03.2020 in Cr.M.P.No.1161/2019 of the learned Chief Judicial Magistrate, Coimbatore.

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For Petitioner : Mr.K.Balakrishnan For Respondents: Mr.M.L.Ganesh for R1

ORDER

[Order of the Court was made by M.SATHYANARAYANAN,J.,] The petitioner challenges the consequential order dated 04.03.2020 in CMP.No.1161/2019, which came to be passed in pursuant to the order dated 04.01.2020 made in Cr.MP.No.1161/2019. In the light of the fact that W.P.No.15773/2020, challenging the order dated 04.01.2020 made in Cr.MP.No.1161 of 2019, on the file of the Chief Judicial Magistrate, Coimbatore, came to be dismissed as withdrawn, nothing remains for further adjudication in this Writ Petition.

2. It is to be noted at this juncture that the order which is the subject matter of challenge in W.P.No.14630 of 2020, is only a consequential order. Unless the main order is set aside, the consequential order would remain on record.

3. In the light of the same, this Writ Petition is dismissed. No costs. Consequently connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar sk To 1.The Chief Judicial Magistrate Coimbatore 2.Authorised Officer/Chief Manager, Punjab National Bank, (Secured Creditor), No.774, Oppanakara Street, Coimbatore.

W.P.No.14630 of 2020 nr(co) aa03/12/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/