A.Zheer Hussain v. The Recovery Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS W.P(MD)No.12079 of 2016 A.Zaheer Hussain .. Petitioner Vs.

1.The Recovery Officer, Debt Recovery Tribunal, Madurai.

2.Central Bank of India, Represented by its Manager, Cantonment Branch, 43/3A, Promenade Road, Trichy.

3.K.Jamruth 4.S.M.D.Sheriff 5.S.M.Haja Mohideen 6.Mohammed Iqbal .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent not to dispossess the petitioner's property in T.S.No.186/1, to an extent of 4363 Sq.ft for the period of one month based on the undertaking given by the petitioner.

For petitioner : Mr.C.Vakeesawran For respondents 1&2 : Mr.R.Pandivel Standing Counsel For Respondents 3to 6 : Mr.V.Muthukamatchi

O R D E R

[Order of the Court was made by K.K.SASIDHARAN, J.] The learned counsel for the petitioner submitted that possession of the property could not be given on account of certain genuine difficulties.

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2. We have made it clear in our order dated 11.07.2016, that the petitioner has to hand over the key on or before 25.07.2016. Since the said undertaking has not been complied with by the petitioner, the Writ Petition is liable to be dismissed.

3. In the result, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar To:

The Recovery Officer, Debt Recovery Tribunal, Madurai.

+2cc to M/s.V.Muthukamachi, Advocate SR.No.39540 NB sm:KBM:4.8.2016:2P/4C ORDER MADE IN W.P(MD)No.12079 of 2016 26.07.2016 https://hcservices.ecourts.gov.in/hcservices/