Madras High CourtWP/19372/2022disposed of

J.Rajan v. The Chief Manager

2023-07-31Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. J.Rajan

2. R.Revathi ..

Petitioners Vs.

1. The Chief Manager Indian Bank No.9, 7th Cross Nungambakkam Branch Chennai - 600 034.

2. M/s.Sri Gayathri Kitchens Pct. Ltd.

Rep. by its Director Mr.KVL Narasimha Rao No.290/3, Sri Balaji Nagar, Muduchur Village Tambaram, Chennai - 600 045.

3. R.Preetha

4. S.Sridharan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1st respondent to evict the 4th respondent and hand over physical free hold possession of the

property being all that piece and parcel of land bearing Plot Nos. 12 and 13 comprised in S.No. 290/2B and 290/3 Measuring to an extent of 4427 sq.ft (as per the measurement 4548 ) or thereabouts Sri Balaji Nagar, Mudichur Village, Tambaram Taluk, Kancheepuram District herein after called the said property which was sold to us and confirmed as such in terms to the sale certificate dated 17.10.2018 registered as Doc No. 6903 of 2018 SRO, Padappai. For the Petitioner : Mr.B.Harikrishnan For the Respondents : Mrs.S.R.Sumathy for R1 Mr.B.Natarajan for R2 and R3 No appearance for R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.B.Harikrishnan, learned counsel for the petitioner, Mrs.S.R.Sumathy, learned counsel for respondent 1 and Mr.B.Natarajan, learned counsel for respondents 2 and 3.

2. The grievance of the writ petitioner is that though auction sale has been conducted and sale certificate was issued to the petitioner on 17.10.2017, the physical possession is not yet handed

over.

3. Learned counsel for the Bank submits that the Bank will file an application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for getting physical possession within a period of four weeks.

4. In view of the said statement, no further orders are necessary in this writ petition. The writ petition, as such, stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.18673 of 2022 is closed.

(S.V.G., CJ.) (P.D.A., J.) 31.07.2023 Index :

Yes/No :

Yes/No drm

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

(drm) W.P.No .19372 of 2022 31.07.2023