Madras High CourtWP(MD)/20336/2015closed

Mrs.Sajurathunnissa v. Bank Of India,

2017-03-20Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.(MD) No.20336 of 2015 and M.P.(MD) Nos.1 & 2 of 2015 Sajurathunnissa ... Petitioner -vs1.Bank of India Thiruchirapalli Branch Thiruchirapalli 2.The Presiding Officer Debts Recovery Tribunal 6th Floor, Spencer Towers 770-A, Anna Salai Chennai-600 002 3.Recovery Officer-II Debts Recovery Tribunal-I 6th Floor, Spencer Towers 770-A, Anna Salai Chennai-600 002 4.Recovery Officer Debts Recovery Tribunal I Floor, Cauvery Complex 1670, Trichy Road Ramanathapuram Coimbatore-641 045 5.Recovery Officer-II Debts Recovery Tribunal 3rd & 4th Floor, Kalyani Towers 4-162, Madurai Melur Road Uthangudi, Madurai-625 107 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the

records of the fifth respondent pertaining to the impugned order, dated 23.06.2015 in I.A.No.1993/2014 in R.P.No.250/2007 in DRC No.306/2000 and to quash the same as illegal and consequently to direct the first respondent to hand over the possession of the property to the petitioner.

For Petitioner :

Mr.C.Sundaravadivel For Respondents :

Mr.R.Ganapathi Subramaniam for R1

O R D E R

[Order of the Court by T.S.SIVAGNANAM, J.] Heard Mr.C.Sundaravadivel, learned counsel appearing for the writ petitioner and Mr.R.Ganapathi Subramaniam, learned counsel appearing for the first respondent - Bank and perused the materials produced.

2. This writ petition has been filed challenging the order, dated 23.06.2015, passed by the fifth respondent.

3. It is seen that at the time when the writ petition was entertained, only status quo was ordered in 2015.

4. The learned counsel appearing for the first respondent - Bank submitted that possession of the property has already been taken.

5. In view of the submission made by the learned counsel appearing for the first respondent - Bank, the writ petition stands closed giving liberty to the petitioner to move appropriate forum for the appropriate relief. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

1.The Presiding Officer, Debts Recovery Tribunal, 6th Floor, Spencer Towers, 770-A, Anna Salai, Chennai-600 002.

2.The Recovery Officer-II, Debts Recovery Tribunal-I 6th Floor, Spencer Towers, 770-A, Anna Salai, Chennai-600 002.

3.The Recovery Officer, Debts Recovery Tribunal, I Floor, Cauvery Complex, 1670, Trichy Road, Ramanathapuram, Coimbatore-641 045.

4.The Recovery Officer-II, Debts Recovery Tribunal, 3rd & 4th Floor, Kalyani Towers, 4-162, Madurai Melur Road, Uthangudi, Madurai-625 107.

+1cc to M/s.P.GANAPATHI SUBRAMANIAN Advocate in SR. No.16430 KRK JS/SKN/28.03.2017/3P-6C W.P.(MD) No.20336 of 2015 and M.P.(MD) Nos.1 & 2 of 2015 20.03.2017