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Madras High CourtWP(MD)/1210/2021dismissed

Chidambara Meena.K v. The Authorized Officer/Chief Manager

2021-01-27Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.1210 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.1210 of 2021 and W.M.P(MD) Nos.1040 and 1041 of 2021 (Through Video Conferencing) K.Chidambara Meena : Petitioner Vs.

1.The Authorized Officer/Chief Manager, South Indian Bank, No.3, LIC Building, West Marrat Street Madurai.

2.The Branch Manager South Indian Bank D.No.2G/2 RMKG Building, Madurai Road, Tirunelveli Junction Branch Tirunelveli city.

3.Shanmugasundari 4.Jeyachandran : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus to call for the entire records pertaining to the impugned documents ie., (i) Supplemental Memorandum of Deposit of title deed in Doc.No.5010/2016 dated 30.11.2016 I) Supplemental memorandum of deposit of title deed in Doc.NO.2305/2017 dated 11.07.2017 and iii) Sale certificate in Doc.No.5878/2020 dated 02.11.2020 and quash the same and consequently direct the respondents not to interfere into the petitioner's right, enjoyment and possession of the properties namely, D.No.694 and 695, North 4th street, Thiyagaraja Nagar, Tirunelveli 11 and in s.No.31/4B Rajagopalapuram Vilalge, Palayamkottai Taluk, Tirunelveli.

For Petitioner : Mr.R.Anand https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1210 of 2021

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The writ petition is not maintainable, as the remedy open to the petitioner is to challenge the proceedings of the respondent No.2 before the jurisdictional Debts Recovery Tribunal. 2.In such view of the matter, the writ petition stands dismissed. However, considering the facts of the case, we are inclined to give a further period of four weeks from the date of receipt of a copy of this order to approach the Debts Recovery Tribunal. No costs. Consequently connected Miscellaneous petitions are closed.

Sd/- Assistant Registrar(Records) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

Order made in W.P.(MD)No.1210 of 2021 Dated: 27.01.2021 pk(CO) TR(09.02.2021) 2P 1C https://hcservices.ecourts.gov.in/hcservices/ 2/2