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Madras High CourtWP/34111/2025disposed of with direction

M.R.Thamilarasu v. The Branch Manager

2025-09-23Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI M.R.Thamilarasu S/o. Late Ramakrishnan No.21, Jawahar Street, Krishnamurthy Nagar, Kodungaiyur, Chennai- 118.

Petitioner(s) Vs

1. The Branch Manager Canara Bank Chintadripet Branch, Chennai- 600 002.

2.The Assistant General Manager Overseeing Executive, Canara Bank 781-785, Ground Floors, Rayala Towers, Mount Road, Chennai-02.

Respondent(s) PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondents to return the money paid by the petitioner, on announcement of the successful bidder of the property auctioned by the respondent bank, viz. property bearing survey No.70/5 part of Selavoyal Village, Plot No.9, Gramaniar Garden, measuring to

an extent of 1800 sq.ft of vacant land together with interest, which land belongs to the Government of Tamil Nadu, on the basis of the representation of the petitioner dated 26.5.2025 within a time frame to be fixed by this Hon'ble court.

For Petitioner(s):

No appearance For Respondent(s):

Mr.R.Sreedhar for R1 & R2

ORDER

This petition has been filed seeking a direction to the respondents to return the money paid by the petitioner, on announcement of the successful bidder of the property auctioned by the respondent bank, viz., property bearing survey no.70/5, Selavoyal Village, Plot No.9, Gramaniar Garden, measuring to an extent of 1800 Sq.ft of vacant land together with interest, which belongs to the Government of Tamil Nadu, by considering the representation of the petitioner dated 26.05.2025.

2. It is the case of the petitioner that the petitioner opted for purchase of a property auctioned by the 1 st respondent bank and participated in the auction process by paying the necessary participation charges and quoted a reasonable

price. Since the amount quoted by the petitioner was the highest amount, the petitioner was announced as a successful bidder and through various communications, the petitioner was called for to pay the 25% of the bid amount and accordingly the petitioner has paid the 25% of the bid amount viz., a sum of Rs.4,08,228.92 dated 17.11.2020, Rs.4,00,028.92 dated 30.11.2020 and Rs.4,64,800 dated 02.12.2020, thus in all a total sum of Rs.12,73,057.84 to the st respondent bank.

3.It is the further case of the petitioner that though the petitioner was readily having the balance amount and visited the respondent bank several times for getting the sale deed registered in his name, the same could not be done on account of lockdown during the corona period. Thereafter, on the advice of the st respondent the petitioner obtained the Permanent Land Register Extract from the Jurisdictional Tahsildhar and was shocked to see that the property auctioned by the bank is the property of the State Government of Tamilnadu, in whose name the PLR (Permanent Land Register) still stands. Immediately thereafter, the petitioner informed the Bank about the same and through a representation

dated 26.05.2025 sought for return of the 25% bid amount paid by the petitioner towards the property auctioned by the bank. However, there was no response from the respondent bank and hence, the present Writ Petition.

4. When the matter was called for hearing, none appeared on behalf of the petitioner.

5. The learned counsel for the respondents submitted that the petitioner's representation will be considered and appropriate orders will be passed within the stipulated time as fixed by this Court.

6. Heard the learned counsel for the respondents. Perused the materials available on record.

7. Considering the facts and circumstances of the case and having regard the submissions made by the learned counsel for respondents, this Court directs the respondents to conduct enquiry and consider the representation of the

petitioner dated 26.05.2025 and pass orders on merits and in accordance with law, after giving opportunity to the petitioner, within a period of six (6) weeks from the date of receipt of a copy of this order.

8. With the above direction, the writ petition stands disposed of. No costs. 23-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Branch Manager Canara Bank Chintadripet Branch, Chennai-02.

2.The Assistant General Manager Overseeing Executive, Canara Bank 781-785, Ground Floors, Rayala Towers Mount Road, Chennai-02.

M.DHANDAPANI J.

Tsg 23-09-2025