Kumar .N v. Divisional Manager Cum Authorised Offier

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.8908 of 2022 N.Kumar ... Petitioner Vs.

1.Divisional Manager Cum Authorised Officer, Canara Bank, Asset Recovery Managerment Branch, Regional Office, Muthiah Towers, 1st Floor, No.1, Royal Road, Cantonment, Trichy 620 001.

2.The Chief Judicial Magistrate, Pudukkottai.

3.Natarajan 4.Brintha ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to hand over the physical possession of the property sold to the petitioner immediately. For Petitioner :

Mr.P.Athimoolapandian For Respondents :

Mr.C.Deepak for R1 Mr.P.Ganapathi Subramanian for R3 & R4

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the 1st respondent to hand over the physical possession of the property to the petitioner.

2. Today, when the matter was taken up for hearing, the learned counsel appearing for the first respondent submitted that the possession of the property has already been handed over to the petitioner. Therefore, nothing survives in this Writ Petition and hence, this Writ Petition may be dismissed as infructuous.

3. Recording the same, this Writ Petition is dismissed as infructuous. No costs. It is open to the parties to relegate their remedy before the appropriate forum.

[D.K.K., J.] [R.V., J.] 27.01.2023 NCC : Yes / No Index : Yes / No vsm To 1.Divisional Manager Cum Authorised Officer, Canara Bank, Asset Recovery Managerment Branch, Regional Office, Muthiah Towers, 1st Floor, No.1, Royal Road, Cantonment, Trichy 620 001.

2.The Chief Judicial Magistrate, Pudukkottai.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm W.P.(MD)No.8908 of 2022 27.01.2023