S.Muthaiah v. The Authorized Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD).Nos.10619 and 10620 of 2023 S.Muthaiah ... Petitioner Vs.
The Authorised Officer, Canara Bank, Asset Recovery Management Branch, 1st Floor, Regional Office, Muthaiah Towers, Williams Road, Trichy.
... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, forbearing the respondent, their officers, men, agents, representatives, assigns and / or anyone claiming under or through them or on their behalf to desist from in any manner taking any action or coercive steps pursuant to the Sale Notice dated 01.03.2023 and the sale proceedings held on 06.04.2023 in respect of the house property situated at Old SF No.245 Part, New Natham SF No.608/2 to an extent of 11250 sq.ft of house site, Kallal Village, Karaikudi Taluk, Sivagangai District consequently to direct the respondent not to issue sale certificate based 1/4
on the sale proceedings held on 06.04.2023 until the disposal of the petition for extension of time in I.A.No.816/2023 and impleading petition to implead the auction purchaser in I.A.No.839/2023 in S.A.No.131/2023 pending before the Debts Recovery Tribunal, Madurai.
For Petitioner : Mr.R.Alagumani For Respondent : Mr.C.Deepak Standing counsel
O R D E R
(Order of the Court was made by M.S.RAMESH.J.,) This writ petition has been filed for issuance of a writ of Mandamus, forbearing the respondent, their officers, men, agents, representatives, assigns and / or anyone claiming under or through them or on their behalf to desist from in any manner taking any action or coercive steps pursuant to the Sale Notice dated 01.03.2023 and the sale proceedings held on 06.04.2023 in respect of the house property situated at Old SF No.245 Part, New Natham SF No. 608/2 to an extent of 11250 sq.ft of house site, Kallal Village, Karaikudi Taluk, Sivagangai District and consequently to direct the respondent not to issue sale certificate, based on the sale proceedings held on 06.04.2023 until the disposal of the petition for extension of time in I.A.No.816/2023 and impleading petition to implead the auction purchaser in I.A.No.839/2023 in S.A.No. 2/4
131/2023 pending before the Debts Recovery Tribunal, Madurai.
2. Since the petitioner herein has already moved the Debt Recovery Tribunal for extension of time for complying with the order passed by this Court in the writ petition, the present writ petition seeking for an extension restraining the respondent from taking any coercive action cannot be maintained and the writ petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed. [M.S.R.J.,] [P.T.A.J.,] 24.05.2023 akv To The Authorised Officer, Canara Bank, Asset Recovery Management Branch, 1st Floor, Regional Office, Muthaiah Towers, Williams Road, Trichy.
M.S.RAMESH,J.
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and P.T.ASHA,J.
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