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Madras High CourtWP(MD)/485/2020dismissed

M.Karthikraj v. The Authorized Officer

2020-01-09Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran2 pages

W.P(MD)No.485 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P(MD)No.485 of 2020 M.Karthikraj ... Petitioner Vs.

1.The Authorized Officer, Canara Bank, Ramanathapuram Branch, Ramanathapuram.

2.The Branch Manager, Canara Bank, Ramanathapuram Branch, Ramanathapuram.

3.The Regional Manager, Canara Bank, Regional Office, Thoothukudi.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to place the dispute before the Lok Adalat for amicable settlement for the petitioner's housing loan accounts and grant him time for repayment of his outstanding dues by regularising the following housing loan accounts (1) A/c.No.14780 for Rs.18,00,000/-; (2) A/c.No.14832 for Rs.10,00,000/- and (3) A/c.No.00013 for Rs.12,00,000/- by considering the petitioner's representation dated 03.01.2020 within the period as stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.N.Dilip Kumar

ORDER

[Order of the Court was made by M.DURAISWAMY,J.] The petitioner has filed the above writ petition to issue a Writ of Mandamus to direct the first respondent to place the dispute before the Lok Adalat for amicable settlement for the petitioner's housing loan accounts and grant him time for repayment of his outstanding dues by regularising the following housing loan accounts by considering the petitioner's representation dated 03.01.2020.

2. Mr.N.Dilip Kumar, learned Counsel takes notice for the respondents.

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W.P(MD)No.485 of 2020

3. Since no proceedings is pending before this Court, we are of the view that the issue cannot be referred to Lok Adalat in this writ petition. If the proceedings are pending before the Debt Recovery Tribunal and if the petitioner is really willing to settle the matter, such representation can be made only before the Debt Recovery Tribunal.

4. In these circumstances, we are not inclined to entertain this writ petition and the same is dismissed. No costs. Sd/- Assistant Registrar (Crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS) Rsb +1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-1799[F] dated 13/01/2020 ) +1 CC to M/s.A.HAJA MOHIDEEN, Advocate ( SR-1752[F] dated 13/01/2020 W.P(MD)No.485 of 2020 09.01.2020 sma/23/01/2020/2p/3c https://hcservices.ecourts.gov.in/hcservices/ 2/2