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Madras High CourtWP(MD)/1782/2015closed

G.Maruthi v. The District Collector

2017-04-10Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.1782 of 2015 and M.P.Nos.1 to 4 of 2015 G.Maruthi .. Petitioner Vs.

1. The District Collector Collectorate, Tirunelveli.

2. The District Revenue Officer cum Registration Officer, Collectorate, Tirunelveli

3. The Special Deputy Collector, Revenue Court, Madurai.

4. The Tahsildar cum Registration Officer, Collectorate, Registration Officer, Collectorate.

5. The Authorized Officer (SARFEASI) Indian Bank, Tirunelveli Junction Branch, Tirunelveli

6. L.Punithvathi

7. N.Kuttralingam .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the proposed auction notification dated 12.01.2015, issued by the 5th respondent Bank through paper publication in Daily Thanthi dated 12.01.2015 and quash the same and consequently forbear the 5th respondent through his men or his agent or is servants from in any way disturbing the petitioner's peaceful possession and enjoyment of the property situated at Sindhupponduhurai Village, Tirunelveli Taluk measuring 34 cents located at S.No.1270/14 and 25 cents located at S.No.1270/6 (totally 59 cents).

For Petitioner : No Appearance For Respondents : Mr.S.Chandrasekar Government Advocate for RR1 to 4 For R5 : R.Pandivel For R6&R7 : No Appearance https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by T.S.SIVAGNANAM, J.) The petitioner, who is claiming herself to be the tenant of the property in question, has filed this writ petition challenging the sale notice issued by the respondent Bank.

2. At the time when the writ petition was entertained, only notice was ordered on 12.02.2015 and no interim order has been granted.

3. The learned counsel for the respondents 1 to 4 submitted that the sale notice has been challenged by the borrower before the Debt Recovery Tribunal and a condition was imposed on the borrower. However, she has failed to even comply with the condition. Therefore, at this distance of time, we are not inclined to interfere with the impugned sale notice, as admittedly, the date of sale has already been over. It is represented by the learned counsel for the respondents that there were no bidders on the said date, while the sale was effected. In the light of the same, this petition is dismissed with liberty to the petitioner to work out his remedy before the appropriate forum. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The District Collector Collectorate, Tirunelveli.

2. The District Revenue Officer cum Registration Officer, Collectorate, Tirunelveli

3. The Special Deputy Collector, Revenue Court, Madurai.

4. The Tahsildar cum Registration Officer, Collectorate, Registration Officer, Collectorate.

+ 1 CC TO Mr.R.PANDIVEL, ADVOCATE IN SR No. 51306 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 51498 RR TE/RR : 20/04/2017 : 2P/7C ORDER MADE IN W.P(MD)No.1782 of 2015 and M.P.Nos.1 to 4 of 2015 10.04.2017 https://hcservices.ecourts.gov.in/hcservices/