Saravanan .K v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Saravanan ... Petitioner -vs1.The Authorized Officer Indian Bank Tiruverumbur, Trichy District 2.The Branch Manager Indian Bank Ordinance Estate Suriyur Branch Trichy District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to unlock the petitioner's house property situated at 1/657, Iyyappanagar, Pallivasal Street, Poolangudi Colony, Ayan Punjai Survey No.33/19, Happ Post, Trichy-620 025 and to allow the petitioner to take back all his belongings within a period of two days. For Petitioner :

Mr.J.Jeyakumaran For Respondents :

Mr.R.Pandivel

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] In view of the fact that the Debts Recovery Tribunal, Madurai, is not manned, we are entertaining this writ petition.

2. Mr.R.Pandivel, learned counsel, takes notice for the respondent - Bank.

3. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

4. Prayer in this writ petition reads as follows: "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble court may be graciously pleased to issue a WRIT OF MANDAMUS, or any other appropriate writ, or direction in the nature of writ, directing the respondents to unlock my house property situated at 1/657, Iyyappanagar, Pallivasal Street, Poolangudi Colony, Ayan punjai Survey No.33/19, Happ Post, Trichy-620025 and allow me to take back all my belongings within a period of 2 days and pass further or other orders may deem fit and proper in the circumstances of the case and thus render justice."

5. Learned counsel appearing for the respondent - Bank will have no objection for the petitioner removing his movables from the secured asset.

6. Hence, this writ petition is disposed of with the following directions:

(i) The respondent - Bank officials shall open the secured asset on 05.07.2023.

(ii) The petitioner shall remove his belongings on the said day itself in the presence of the Advocate Commissioner appointed by the learned jurisdictional Chief Judicial Magistrate.

No costs.

[R.S.M., J.] [L.V.G., J.] 27.06.2023 NCC :

Yes / No Index :

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Yes / No krk

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 27.06.2023