Edwin Rathinam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Edwin Rathinam ... Petitioner -vs1.The District Collector Trichy District Trichy 2.The Tahsildar Lalgudi Taluk Trichy District 3.The Indian Overseas Bank rep.by its Authorized Officer Lalgudi Branch No.1, Popular Arcade Main Road, Lalgudi Trichy District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the third respondent to handover the possession of the property measuring to an extent of 6365 1⁄4 sq.feet comprised in Natham Survey No.128 and New Survey No.273/23, situated at Sathamangalam Village, Lalgudi Taluk, Trichy District, pursuant to the sale certificate issued by the third respondent registered as document No.4285/2010, dated 27.10.2010 within the stipulated time as fixed by this Court. For Petitioner :

Mr.T.Lenin Kumar For Respondents :

Mr.V.Nirmal Kumar Government Advocate for R1 & R2 Mr.N.Dilip Kumar for R3

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in this writ petition reads as follows: "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a order or direction in the nature of WRIT OF MANDAMUS, directing the 3rd respondent to handover the possession of the property measuring to an extent of

6365 1⁄4 sq.feet comprised in Natham Survey No.128 and New Survey No.273/23 situated at Sathamangalam Village, Lalgudi Taluk, Trichy District pursuant to the sale certificate issued by the 3rd respondent registered as document No.4285/2010 dated 27.10.2010 within the stipulated time as fixed by this Hon'ble Court and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."

2.

Sale of secured asset under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and purchase of the same by the auction purchaser is essentially a matter of contract between the purchaser and the Bank concerned. We do not think that Article 226 of the Constitution of India is meant for enforcement of such contract. Hence, this writ petition is dismissed. No costs. [R.S.M., J.] [L.V.G., J.] 10.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Lalgudi Taluk, Trichy District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 10.04.2023