Madras High CourtWP(MD)/7839/2022dismissed as withdrawal

Thangappa.M v. The District Collector

2022-04-25Honourable Mr Justice Paresh Upadhyay,Honourable The Chief Justice2 pages

W.P.(MD) No.7839 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2022

CORAM:

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, THE CHIEF JUSTICE and THE HON'BLE MR.JUSTICE PARESH UPADHYAY W.P.(MD) No.7839 of 2022 and W.M.P.(MD) Nos.5894 to 5896 of 2022 1.M.Thangappa 2.M.Raja Mohamed ... Petitioners -vs1.The District Collector, Office of the District Collector, Theni District.

2.The Special Thasildar (Stamps), Theni, Room No.104, Old Ramanathapuram Collector Office, Madurai.

3.The Authorized Officer, Indian Bank, Bodinayakanur Branch, No.13, Urumikaran Street, Bodinayakanur - 625 513.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records relating to the Order Roc.No.96/2020/C5, dated 10.03.2020 of the first respondent and quash the same.

For Petitioners :

Mr.R.Ravikumar For Respondents :

Mr.S.Shaji Bina, Special Government Pleader - for R1 & R2 Mr.C.Karthick - for R3 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.7839 of 2022

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The learned counsel for the petitioners, after arguing the writ petition to some length to challenge the order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, prays for withdrawal to make a representation to the Bank with a willingness to pay adequate amount so as to settle the amount due to the financial institution.

2. The learned counsel appearing for the respondent Bank submit that if proper offer is given by the petitioners, the Bank would consider it amicably.

3. In view of the same, the writ petition is dismissed as withdrawn with liberty as prayed for. In case a representation with readiness to pay the amount is made within a week to the respondent Bank, they would be expected to consider the same as per the provisions of law. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) krk / rm To:

1.The District Collector, Office of the District Collector, Theni District.

2.The Special Thasildar (Stamps), Theni, Room No.104, Old Ramanathapuram Collector Office, Madurai.

+1 CC to M/s.R. RAVIKUMAR, Advocate ( SR-21514[F] dated 27/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21301[F] dated 26/04/2022 ) W.P.(MD) No.7839 of 2022 and W.M.P.(MD) Nos.5894 to 25.04.2022 RK(05/05/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2