Kaladevi v. The Authorized Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD) Nos.14557 & 14558 of 2023 Kaladevi ... Petitioner -vs1.The Authorized Officer Karur Vysya Bank Ltd., Asset Recovery Branch R.S.No.170/9, Uthangudi Village Near Mattuthavani Bus Stand Madurai-625 107 2.The Manager / Officer Karur Vysya Bank Ltd., Ramanathapuram Branch Ramanathapuram-623 501 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records relating to the
impugned sale notice dated 16.06.2023 of the first respondent and quash the same and directing the respondent to refrain from evicting the petitioner and her family from Door No.6/116A, Indira Nagar, Rameswaram Village, Ramanathapuram District, on the basis of the said impugned order without following the due process of law.
For Petitioner :
Ms.Porkodi Karnan for M/s.Polax Legal Solutions.
For Respondents :
Mr.V.Sukumar
O R D E R
[Order of the Court was made by S.S.SUNDAR, J.] The main grievance of the petitioner is that the impugned sale notice itself is issued against a dead person. The petitioner is the wife of the borrower, by name, Senduran, who died on 17.07.2022.
2. It is seen that communication about the sale notice is also issued to a dead person and therefore, learned counsel appearing for the respondent - Bank states that the respondent - Bank will issue a fresh notice, as they were not aware of the death of the borrower.
3. In that view of the matter, recording the fact that the impugned sale notice is issued against a dead person, this writ petition is closed. If the respondent - Bank has taken any insurance policy at the time of borrowal of loan, the petitioner may be duly informed about the same and the representation of the petitioner for adjusting the amount due also shall be considered before proceeding further. No costs. Consequently, connected miscellaneous petitions are closed.
[S.S.S.R., J.] [D.B.C., J.] 19.07.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk
S.S.SUNDAR , J.
and D.BHARATHA CHAKRAVARTHY , J.
krk and W.M.P.(MD) Nos.14557 & 14558 of 19.07.2023