Suresh Ganapathy v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) Nos.8115 & 8121 of 2023 Suresh Ganapathy ... Petitioner -vs1.The Authorized Officer Canara Bank Sankaranainarkovil Tenkasi District 2.The Branch Manager Canara Bank Sankaranainarkovil Tenkasi District 3.The Sub Registrar Sankarankovil Tenkasi District 4.Ukkirapandian Pariventhan Finance Devar Complex Sankarankovil Tenkasi District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records of the E-Auction Notice dated 08.03.2023 in reference No.SN/1115/619/8018 and the consequential auction that was held on 28.03.2023.

For Petitioner :

Mr.T.Balaji For Respondents :

Mr.R.Pandivel Standing Counsel for R1 & R2 Mr.M.Prakash Additional Government Pleader for R3

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.R.Pandivel, learned Standing Counsel, takes notice for the respondent - Bank and Mr.M.Prakash, learned Additional Government Pleader, takes notice for the third respondent.

2. 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 Writ of Certiorari by calling for the records of the E Auction Notice dated 08.03.2023 in reference No.SN/1115/619/8018 and the consequential auction that

was held on 28.03.2023 and pass such further or other orders as this Hon'ble court may deems fit and proper in the circumstances of the case and thus render justice."

3. Learned Standing Counsel appearing for the respondent - Bank would submit that sale notice was issued on 08.03.2023, sale was held on 28.03.2023 and the sale has also been confirmed.

4. Leaving it open to the petitioner to take appropriate proceedings against the sale before jurisdictional Debts Recovery Tribunal, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

[R.S.M., J.] [L.V.G., J.] 18.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

The Sub Registrar, Sankarankovil, Tenkasi District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) Nos.8115 & 8121 of 18.04.2023