Southern Enterprises v. Taminad Mercantile Bank Ltd,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.(MD)Nos.20261 & 20364 of 2015 and W.M.P.No.13006 of 2021 W.P.(MD).No.20261 of 2015 1.

Southern Enterprises, Plot No.1, 1/580, 7th Street, Veerabathra Nagar, Mambakkam Main Road, Medavakkam, Chennai - 600 100.

represented by its partner D.Dhaya Devadas.

D.Dhaya Devadas G.Jebakani ... Petitioners Vs.

1.

Tamilnadu Mercantile Bank, Represented by its Manager, Thiruvanmiyur Branch, No.3, Thiruvallur Salai, Thiruvanmiyur, Chennai - 600 041.

The Authorized Officer, Tamilnadu Mercantile Bank Ltd., Thiruvanmiyur Branch, No.3, Thiruvallur Salai, Thiruvanmiyur, Chennai - 600 041.

The State of Tamil Nadu, represented by The Principal Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.

4.

The District Collector, Trichirappalli District, Trichirappalli - 620 001.

5.

The Superintendent of Police, Trichirappalli District, Tiruchirappalli.

6.

Member Secretary, Tamil Nadu Pollution Control Board, (TNPCB) Panagal Maaligai, 76, Mount Salai, Guindy, Chennai - 600 032.

7.

Principal Secretary, Government of Tamil Nadu, Ministry of Environment and Forests, Fort St.George, Chennai - 600 009.

[R6 & R7 impleaded vide order dated 12.11.2021 made in W.P.(MD).20261/2015 by CJ, PDAJ] ... Respondents

W.P.(MD)No.20364 of 2015 1.

Southern Enterprises, Plot No.1, 1/580, 7th Street, Veerabathra Nagar, Mambakkam Main Road, Medavakkam, Chennai - 600 100.

represented by its partner D.Dhaya Devadas.

D.Dhaya Devadas G.Jebakani ... Petitioners Vs.

1.

Indian Bank, Represented by its Manager, Guindy Branch, 131, SIDCO Building, GST Road, Chennai - 600 032.

The Authorized Officer, Indian Bank, Guindy Branch, 131, SIDCO Building, GST Road, Chennai - 600 032.

The State of Tamil Nadu, represented by The Principal Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.

4.

The District Collector, Trichirappalli District, Trichirappalli - 620 001.

5.

The Superintendent of Police, Trichirappalli District, Tiruchirappalli.

6.

Member Secretary, Tamil Nadu Pollution Control Board, (TNPCB) Panagal Maaligai, 76, Mount Salai, Guindy, Chennai - 600 032.

7.

Principal Secretary, Government of Tamil Nadu, Ministry of Environment and Forests, Fort St.George, Chennai - 600 009.

[R6 & R7 impleaded vide order dated 12.11.2021 made in W.P.(MD).20364/2015 by CJ, PDAJ] ... Respondents COMMON PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents 1 and 2 from bringing the assets hypothecated by the petitioners for sale under the Central Act 54 of 2002.

(In both W.P's) For Petitioners : Mrs.V.S.Manimekalai For Respondents : No Appearance [For R1, R2 & R6] Mr.Aravind P. Datar, Senior Counsel Assisted By Mr.B.Vijay, Additional Government Pleader [For R3 to 5 & R7]

COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) Mrs.V.S.Manimekalai, the learned Counsel appearing on behalf of the petitioners made a submission that the cause aroused for the purpose of filing the present writ petitions did not exists as of now and the matters become infructuous and also made an endorsement to that effect in the case bundle.

2. In view of the submission made by the learned counsel for the petitioners, both the Writ Petitions stand disposed of as infructuous. No costs. Consequently, connected Miscellaneous Petitions, if any are closed. [S.M.S., J.] [M.J.R., J.] 21.01.2025 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda

To 1.

Tamilnadu Mercantile Bank, Represented by its Manager, Thiruvanmiyur Branch, No.3, Thiruvallur Salai, Thiruvanmiyur, Chennai - 600 041.

The Authorized Officer, Tamilnadu Mercantile Bank Ltd., Thiruvanmiyur Branch, No.3, Thiruvallur Salai, Thiruvanmiyur, Chennai - 600 041.

Indian Bank, Represented by its Manager, Guindy Branch, 131, SIDCO Building, GST Road, Chennai - 600 032.

4.

The Authorized Officer, Indian Bank, Guindy Branch, 131, SIDCO Building, GST Road, Chennai - 600 032.

5.

The State of Tamil Nadu, represented by The Principal Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.

6.

The District Collector, Trichirappalli District, Trichirappalli - 620 001.

7.

The Superintendent of Police, Trichirappalli District, Tiruchirappalli.

8.

Member Secretary, Tamil Nadu Pollution Control Board, (TNPCB) Panagal Maaligai, 76, Mount Salai, Guindy, Chennai - 600 032.

9.

Principal Secretary, Government of Tamil Nadu, Ministry of Environment and Forests, Fort St.George, Chennai - 600 009.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

veda W.P.(MD).Nos.20261 & 20364 of 2015 21.01.2025