Madras High CourtWP(MD)/4545/2022dismissed

Selin Jijini v. The Reserve Bank Of India

2022-03-15Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice Krishnan Ramasamy2 pages

W.P(MD)No.4545 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)No. 4545 of 2022 and W.M.P.(MD) Nos.3817 to 3819 of 2022 Selin Jijini .. Petitioner Vs 1.The Reserve Bank of India, Rep. by its Regional Director, Chennai.

2.The District Collector, Kanyakumari District, At Nagercoil.

3.The Authorised Officer, Tamilnad Mercantile Bank Ltd., Tirunelveli Region.

4.The Branch Manager Tamilnad Mercantile Bank Ltd., Vickramasingapuram Branch, Tirunelveli District - 627 425.

5. The Branch Manager, Tamilnad Mercantile Bank Ltd., Verkizhambi Branch, Makkamandapam Post, Kanyakumari District.

6. Selin Sharmini

7. The General Manager, Tamilnad Mercantile Bank Ltd Head Office, Thoothukudi.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the third respondent https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.4545 of 2022 pertaining to its order dated 23.11.2021 and 16.12.2021 with regard to the property to an extent of 5 cents with constructed house bearing Door No.16-67 in Resurvey No.272/3 after subdivision Resurvey No.272/3A1 of Veeyanoor Village, Kannanoor Desom, Kalkulam Taluk, Kanyakumari District and to quash the same as iiiegal and consequently direct the respondents 1 and 2 to take appropriate action against the respondents 3 to 6 for fraudulent activities. For Petitioner : Mr.M.Dennis Joe For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader for R2 Mr.Thevan for R1, R3 to R5 & R7

ORDER

[Made by PARESH UPADHYAY, J.] Challenge in this petition is made to the proceedings instituted by the respondent bank.

2.The petitioner and the sixth respondent are sisters. The property was mortgaged by the father of these two persons. 3.Firstly, this petition need not be entertained on the ground of availability of alternative remedy. Further, the bonafides of the petitioner are also at stake. In totality, we find that, this petition need not be entertained.

4.In view of above, this petition is dismissed. No costs. Consequently, connected miscellaneous petitions would not survive. Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) To The District Collector, Kanyakumari District,At Nagercoil.

+1 CC to M/s.M.DENNIS JOE, Advocate ( SR-12419[F] dated 16/03/2022 ) +1 CC to M/s.SPL GP ( SR-12497[F] dated 16/03/2022 ) W.P(MD)No.4545 of 2022 15.03.2022 PKN MS/23.03.2022/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2