Madras High CourtWP(MD)/4991/2023disposed of

Sasi.T v. The Authorized Officer

2023-03-08Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI W.P.(MD)No.4991 of 2023 and W.M.P(MD)No.4656 of 2023 T.N.Sasi : Petitioner Vs.

The Authorized Officer, Union Bank of India, Marthandam Branch, S.V.Mail, No.1-41-44, Main Road, Pamman, Marthandam Police, Kuxithurai, Marthandam-629 165.

Kanyakumari District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari to call for the records relating to the impugned Sale Notice dated 17.02.2023 and quash the same in respect to the petitioner's property in RS No.411/8 of Yettacode-30 Village in 1/4

Kalkulam Taluk of Kanyakumari District to an extent of 2 cents of land and another property of Survey Number RS No.118/4 with a building bearing Door No.7-163-c of Kanyakumari Village in Kalkulam Taluk of Kanyakumari District to an extent of 9 cents. For Petitioner : Mr.S.Karthikeyan For Respondent : Mr.R.Pandivel Standing Counsel

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J) Mr.R.Pandivel, learned Standing Counsel takes notice for the respondent bank.

2.The bank will not proceed with the sale if the petitioner pays a sum of Rs.2,50,000/- before the auction time. If such payment is made, the respondent bank will postpone the auction. The petitioner shall also pay a sum of Rs.5,00,000/- on or before 30.03.2023. The balance amount shall be 2/4

paid in 4 equal monthly instalments commencing from April 2023. It is open to the petitioner to approach the bank for OTS and if the bank accepts OTS proposal of the petitioner, then the petitioner will make payment in accordance with the OTS proposal.

3.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] & [L.V.G., J.] 08.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes skn To The Authorized Officer, Union Bank of India, Marthandam Branch, S.V.Mail, No.1-41-44, Main Road, Pamman, Marthandam Police, Kuxithurai, Marthandam-629 165.

Kanyakumari District.

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R.SUBRAMANIAN., J AND L.VICTORIA GOWRI.,J skn W.P.(MD)No.4991 of 2023 and W.M.P(MD)No.4656 of 2023 08.03.2023 4/4