Muthuselvi .M v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R. SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD) No.5550 and 5551 of 2023 and W.M.P.(MD) Nos.5177, 5178 and 5180 of 2023 W.P.(MD) No.5550 of 2023 M.Muthuselvi ... Petitioner -vs3.Seenivasan ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the impugned e-auction sale notice dated 26.11.2021 and the consequential auction sale held on 29.12.2021 and quash the same.

For Petitioner :

Mr.G.Mohan Kumar For RR1 & 2 :

Mr.R.Pandivel Standing Counsel For R3 :

Mr.R.J.Karthick W.P.(MD) No.5551 of 2023 M.Muthuselvi ... Petitioner -vs- ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the impugned order made in

Crl.M.P.No.10135 of 2022 on the file of the Chief Judicial Magistrate, Virudhunagar at Srivilliputur dated 20.01.2023 and quash the same. For Petitioner :

Mr.G.Mohan Kumar For Respondents :

Mr.R.Pandivel Standing Counsel COMMON ORDER [Order of the Court was made by R. SUBRAMANIAN, J.] The learned counsel for the parties would submit that the entire issue has been settled. The debtor viz., the petitioner in both the writ petitions has paid the entire amount due to the Bank and has also compensated the auction purchaser.

2. The learned counsel for the respondents have no objection in these writ petitions being allowed and the sale certificate issued by the Bank pursuant to the sale notice being cancelled.

3. Recording the statement of the learned counsel on record for the petitioner, the Bank as well as the auction purchaser, these writ petitions are

allowed. The sale notice dated 26.11.2021 impugned in W.P.(MD) No.5550 of 2023 is set aside, as a consequence the sale certificate issued by the Bank will also stand cancelled and the order dated 20.01.2023 passed in Crl.M.P.No.10135 of 2022 by the Chief Judicial Magistrate, Virudhunagar impugned in W.P.(MD) No.5551 of 2023 is also set aside. The Bank will cancel the MoDT subject matter of these writ petitions. No costs. Consequently, connected miscellaneous petitions are closed.

[R.S.M., J.] [L.V.G., J.] 13.04.2023 NCC : Yes Index : Yes Internet : Yes abr

To

R. SUBRAMANIAN , J.

and L.VICTORIA GOWRI, J.

abr W.P.(MD) Nos.5550 and 551 of 2023 13.04.2023