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Madras High CourtWP(MD)/13821/2012dismissed

V. Murugan, S/O.Velu, v. The Authorized Officer,

2022-06-27Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.2 of 2012 V.Murugan ... Petitioner Vs.

The Authorized Officer, State Bank of India, Tirunelveli ADB Branch, Tirunelveli.

... 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 entire records pertaining to the Tender cum Auction Notification dated 20-10-2012 published by the respondent in Dinathanthi Daily on 21-10-2012 in so far its relates to the petitioner's vehicle namely Standard Tractor and its Trailer (2006 Model) bearing its Registration No.TN 72 Q 5189 and TN 72 Q 5176 mentioned as Serial No.5 in the said notification and quash the same and consequently direct the respondent to return back the said vehicle to the petitioner. 1/4

For Petitioner : Mr.R.Anand For Respondents : Mr.V.P.Rajan

ORDER

The present writ petition has been filed challenging an auction notice issued by the respondent Bank for putting the vehicle for public auction on the ground of default of the loan borrowed by the writ petitioner.

2. At the time of admission, an interim order was granted, directing the petitioner to deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only). Though the said interim has been complied with, the petitioner has not come forward to clear the entire dues.

3. According to the learned counsel for the respondent, the Bank has waited up to 2014. Thereafter, proceeded to conduct the public auction and the amount has been credited to the loan account of the writ petitioner. Hence, nothing survives in the writ petition. 2/4

4. The main prayer in the writ petition is to quash the proposed auction of the respondent Bank. Now, that the auction has already taken place. The petitioner has not chosen to challenge the said auction. Hence, nothing survives to be adjudicated in the writ petition. This Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

27.06.2022 Index :

Yes / No Internet :

Yes / No gbg To The Authorized Officer, State Bank of India, Tirunelveli ADB Branch, Tirunelveli.

3/4

R.

VIJAYAKUMAR ,J.

gbg Order made in 27.06.2022 4/4