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Madras High CourtWP(MD)/13200/2012dismissed

K.Ganesan, v. The Authorized Officer,

2022-07-06Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD)Nos.1, 2 & 3 of 2012 K.Ganesan ... Petitioner Vs.

1. The Authorized Officer, State Bank of India, Zone IV, No.2, Dr.Ambedkar Road, Madurai.

2. The State Bank of India, Oddanchatram (Pachalur), 238/A7 Palani Main Road, Odanchatram - 624 619, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the tender cum auction notice dated 29.09.2012 issued by the first respondent published in Daily Thanthi news paper dated 01.10.2012 in so far as serial No.6 is concerned and 1/4

quash the same and consequently direct the respondent bank to return the lorry (Ashok Leyland and Tarus) bearing registered mark No.TN57-U-4546 having chassis No.WFR 233699, Engine No.WFH 398153 to the petitioner forthwith.

For Petitioner : Mr.S.Vignesh for Mr.D.Sadiq Raja For R2 : Mr.K.M.Vijayakumar For R1 : No appearance

ORDER

The present writ petition has been filed challenging a public auction notice issued by the authorized officer of the respondent Bank to bring the lorry of the writ petitioner for sale.

2. At the time of admission, this Court has permitted that auction can go on but the confirmation alone was stayed.

3. According to the learned counsel for the respondent Bank, an auction was conducted on 10.10.2012 through which a sum of 2/4

Rs.6,10,000/- was realized. However, still a balance amount of around 4,00,000/- is due and payable by the writ petitioner. Since the writ petition was filed only challenging the auction notice and the auction has already taken place 10 years back, nothing survives to be adjudicated in the present writ petition.

4. With the above said observations, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

06.07.2022 Index :

Yes / No Internet :

Yes / No jbr To

1. The Authorized Officer, State Bank of India, Zone IV, No.2, Dr.Ambedkar Road, Madurai.

2. The State Bank of India, Oddanchatram (Pachalur), 238/A7 Palani Main Road, Odanchatram - 624 619, Dindigul District.

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R.

VIJAYAKUMAR ,J.

jbr Order made in 06.07.2022 4/4