Malathi .S v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.5359 of 2023 1.S.Malathi 2.P.L.Sakthi Ganesan : Petitioners Vs.

1.The Authorized Officer, Union Bank of India, Dindigul Branch, 1st Floor, Jeeva Jothi Big, Salai Road, Dindigul - 624 001.

2.The Regional Manager, Union Bank of India, Regional Office, 1st Floor, Eveready Building, Dharapuram Road, Pudur Junction, Tiruppur - 641 604.

3.The Branch Manager, 1/6

Union Bank of India, Dindigul Branch, 1st Floor, Jeeva Jothi Big, Salai Road, Dindigul - 624 001.

4.The Special District Revenue Officer, Land Acquisition and Management, Madurai.

5.The District Revenue Officer, Land Acquisition Officer, Dindigul.

: 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 e-auction notice dated 14.02.2023 issued by the first respondent bank which is published in Dinamani Tamil daily on 23.02.2023 and quash the same.

For Petitioners : Mr.M.P.Senthil For Respondents : Mr.N.Dlipkumar Standing Counsel for R1 to R3 2/6

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J) This writ petition is filed challenging the e-auction notice dated 14.02.2023 issued by the first respondent bank in Dinamani Tamil daily on 23.02.2023.

2.Mr.N.Dlipkumar, learned Standing Counsel takes notice on behalf of the respondent bank. By consent, this writ petition is taken up for final disposal at the admissions stage itself.

3.Mr.M.P.Senthil, learned counsel for the petitioner would submit that the petitioner will be able to liquidate the entire loan, if some time is granted.

4.Mr.N.Dlipkumar, learned Standing Counsel would submit that the respondent bank is too willing to accept the conditional order in view of the fact that the secured asset has been notified by the Government for acquisition.

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5.Considering the above said circumstances, the following order is passed:- (i) The petitioner shall pay a sum of Rs.3,50,000/- before the date of sale.

(ii) He shall also pay the balance amount within a period of 6 months therefrom or at an early date as and when the compensation is paid by the State Government. (iii) The interest accrued in the interregnum and the expenses of the auction shall also be paid along with the balance amount.

6.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] & [L.V.G., J.] 16.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes skn 4/6

To 1.The Special District Revenue Officer, Land Acquisition and Management, Madurai.

2.The District Revenue Officer, Land Acquisition Officer, Dindigul.

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R.SUBRAMANIAN., J AND L.VICTORIA GOWRI.,J skn and W.M.P(MD)No.5359 of 2023 16.03.2023 6/6