Sreeram.G v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1144 of 2023 and W.M.P.(MD)Nos.1062, 1064 and 1065 of 2023 G.Sreeram ... Petitioner -Vs1.The Authorized Officer, Canara Bank, Periayur Branch, Madurai District.

2.The Branch Manager, Canara Bank, Peraiyur Branch, Madurai District.

3.R.Rathinam ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned sale notice dated 28.11.2022 issued by the 1st respondent and quash the same and consequently, to direct the respondents 1 and 2 not to issue sale certificate to the 3rd respondent.

For Petitioner : Mr.H.Arumugam, For Mr.V.S.Kishok Kumar For R1 & R2 : Mr.V.S.Karthi, Standing Counsel

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Challenging the sale notice dated 28.11.2022 issued by the 1st respondent, this Writ Petition is filed with a consequential direction to the respondents 1 and 2 not to issue sale certificate to the 3rd respondent. 2.Mr.V.S.Karthi, learned Standing Counsel takes notice for the respondents 1 and 2. Considering the nature of order proposed to be passed in this Writ Petition, notice to the 3rd respondent is dispensed with.

3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4.The learned Standing Counsel appearing for the respondents 1 and 2 submitted that the sale certificate has been issued to the 3rd respondent on 20.01.2023 and a copy of the same is also furnished to the learned counsel for the petitioner today itself.

5.In the light of the aforesaid submission, this Writ Petition stands dismissed with liberty to the petitioner to approach the appropriate forum for appropriate relief. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] & [R.V., J.] 23.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

MYR W.P.(MD)No.1144 of 2023 23.01.2023