Krishanth S/O. Ponnusamy v. The District Magistrate And District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.12.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA WP.No.33667/2019 & WMP.Nos.34128 & 34129/2019 1.Krishanth 2.Nishanth .. Petitioners

Versus

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

2. M/s.Tamil Nadu Mercantile Bank Ltd rep.by its Authorised Officer Peramanallur 641 666, Coimbatore District.

3. Mr.V.Ponnusamy

4. The Sub Collector Namakkal District, Namakkal.

.. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent herein to consider the representation of the petitioners dated 18.11.2019 to implead them and to conduct the proceedings as contemplated under section 14 of the SARFAESI Act in Roc.No.4500/2018/M4 dated 07.12.2018 afresh on a future date so as to enable the petitioners, the affected parties, to participate and put forth their legitimate rights. For Petitioners :

Mr.S.Senthil

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,] (1)When the matter is taken up for hearing, the learned counsel for the petitioner represented that possession of the secured assets was taken on 22.11.2019 and in the light of the said development, nothing remains for further adjudication in this writ petition and also prays for liberty to work out their remedy in accordance with law before the competent Forum. https://hcservices.ecourts.gov.in/hcservices/

(2)In the light of the submission made by the learned counsel for the petitioner, on instructions, nothing remains for further adjudication in this writ petition.

(3)Accordingly, the writ petition stands dismissed as infructuous. However, if the petitioners are so advised and if it is available to them under law, they are always at liberty to work out their remedies in accordance with law before the competent Forum. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar AP To

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

2. M/s.Tamil Nadu Mercantile Bank Ltd rep.by its Authorised Officer Peramanallur 641 666, Coimbatore District.

3. The Sub Collector Namakkal District, Namakkal.

+1cc to Mr.S.Senthil, Advocate, S.R.No.10614 +1cc to Government Pleader, in sr.no.101152 WP.No.33667/2019 RSV(CO) CS/10/01/2020 https://hcservices.ecourts.gov.in/hcservices/