Madras High CourtWP(MD)/6934/2020dismissed

P.Manikandan v. The District Collector

2020-06-29Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

W.P.[MD].No.6934 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.[MD].No.6934 of 2020 and W.M.P.(MD)Nos.6358 and 6360 of 2020 Mr.P.Manikandan : Petitioner Vs.

1.The District Collector, District Magistrate, Madurai.

2.The Authorized Officer, Muthoot Housing Finance Limited, Madurai Branch, No.84, 2nd Floor, Southveli Street, Madurai.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings dated 20.01.2020 in R.O.C.No.C6/56756/2016 of the first respondent herein and quash the same as illegal and unconstitutional and consequently forbear the respondents from dispossessing the petitioner from his property situated in R-Survey No.42/5, Old No.3/201, New No.3/218, Kollangulam Village, Vellaiyankundram, Mathur Panchayat, Madurai District and direct the second respondent bank to consider the representation of the petitioner dated 15.05.2019 for reasonable and fair settlement of the pending dues of the loan amount. For Petitioner : Ms.A.Rajini For Respondent No.1 : Mr.VR.Shanmuganathan, Special Government Pleader ******

O R D E R

******* [Order of the Court was made by P.N.PRAKASH, J.] In view of the judgment of the Supreme Court in Authorised Officer, Indian Bank v. D.Visalakshi and another [AIR 2019 SC 4619], this Writ Petition is not maintainable and the remedy for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD].No.6934 of 2020 petitioner is before the Debts Recovery Tribunal. Hence, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. SML/RSB To The District Collector, District Magistrate, Madurai.

Order made in W.P.[MD].No.6934 of 2020 Dated: 29.06.2020 NR (09.07.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2