Mary Sheela v. The Chief Judicial Magistrate
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) No.560 of 2022 Mary Sheela ... Petitioner -vs1.The Chief Judicial Magistrate Kanyakumari District at Nagercoil 2.The Authorised Officer Tamilnadu Mercantile Bank Ltd., Colachel Branch 17/W 21, Main Road Colachel and Post Kanyakumari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records in Crl.M.P.No.8689 of 2021, dated 07.12.2021, on the file of the first respondent and quash the
same and further forbear the second respondent from interfering with the possession of the petitioner's residential house comprised in R.S.No.B1-15/14 of Colachel B Village, Kalkulam Taluk, Kanyakumari District. For Petitioner :
Mr.Nimal.C.R.
For Respondents :
R1 - Court Mr.V.Karthikeyan for R2
O R D E R
[Order of the Court was made by R.MAHADEVAN, J.] Challenge in this writ petition is to the order dated 07.12.2021, passed in Crl.M.P.No.8689 of 2021, by the learned Chief Judicial Magistrate, Kanyakumari District at Nagercoil, ordering to take possession of the secured asset, with a direction to the second respondent not to interfere with the petitioner's possession of the secured asset.
2. Today, when the matter was taken up for hearing, learned counsel appearing for the petitioner submitted that he is withdrawing this writ petition with liberty to the petitioner to work out her remedy in S.A.No.378 of 2021, pending before the Debts Recovery Tribunal, Madurai and he has also made an endorsement to that effect.
3. In view of the endorsement so made, the writ petition is dismissed as withdrawn with liberty as prayed for. No costs. Consequently, connected miscellaneous petition is closed.
[R.M.D., J.] [J.S.N.P., J.] 11.11.2022 Index :
Yes / No Internet :
Yes / No krk To:
The Chief Judicial Magistrate, Kanyakumari District at Nagercoil.
R.MAHADEVAN , J.
and J.SATHYA NARAYANA PRASAD, J.
krk and W.M.P.(MD) No.560 of 2022 11.11.2022