T.Kannan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2017 CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.16327 of 2017 and W.M.P.(MD)Nos.13003 & 13004 of 2017 T.Kannan ... Petitioner vs.
1.The District Collector, Kanyakumari District, Nagercoil.
2.The Tahsildar, Eranial Taluk, Eranial, Kanyakumari District.
3.The Sub Registrar, Registration Department, Eranial, Kanyakumari District.
4.The Authorized Officer, State Bank of India, Stressed Assets Recovery Branch, 1st Floor, Sangamam, Gas house junction, Thiruvananthapuram, Kerala State.
5.Mani ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned sale notice dated 10.04.2017 in SARB/TVM/16/25/2017-18 issued by the fourth respondent in so far as the 1st item of the property is concerned and quash the same. For Petitioner : Mr.V.Bayshankar for Mr.B.Prahalad Ravi For Respondents : Mr.T.S.Md.Mohideen, Addl. Govt.Pleader for RR1 to 3 Mr.ARM.Ramesh for R4 https://hcservices.ecourts.gov.in/hcservices/
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J) The writ petitioner challenges the sale notice dated 10.04.2017 issued by the fourth respondent bank.
2.The fourth respondent brought to the notice of this Court that the wife of the writ petitioner already moved the Kerala High Court by filing W.A.No.737 of 2017. Interim relief was granted subject to conditions. The conditions were not complied with. Therefore the writ appeal was dismissed. The entire sale process has already been concluded.
3.The learned counsel appearing for the fourth respondent bank would further pointout that on the date of sale notice, a sum of Rs.14.77 crores was due and payable to the bank. The sale certificate has been executed and also registered on 06.07.2017. Physical possession of the first item of the property has also been handed over to the auction purchaser. More than anything else, the writ petitioner has not disclosed anything about the filing of the writ petition by his wife before the High Court of Kerala. The writ petitioner has not approached this Court with clean hands. 4.Therefore, we dismiss this writ petition. In fact, we should impose heavy cost on the writ petitioner. But, since he is a borrower, who has not been able to clear his liabilities to the bank, we refrain from doing so. No costs. Consequently, connected miscellaneous petitions are also dismissed.
Sd/- Assistant Registrar(A.E) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Kanyakumari District, Nagercoil.
2.The Tahsildar, Eranial Taluk, Eranial, Kanyakumari District.
3.The Sub Registrar, Registration Department, Eranial, Kanyakumari District.
+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 79025 +1cc to Mr.B.PRAHALAD RAVI Advocate in SR. No. 78999 +1cc to Mr.A.R.M.RAMESH Advocate in SR. No. 78530 SKM/ARUL JS/MR.KKR/SAR.2/11.10.2017/2P-7C W.P(MD)No.16327 of 2017 and W.M.P.(MD)Nos.13003 & 13004 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 13.09.2017