Maharani .S v. The Chief Manager

W.P.(MD) No.19463 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.19463 of 2022 S.Maharani ... Petitioner -vs1.The Chief Manager Indian Overseas Bank Central Office No.763, Anna Salai Chennai 2.The Regional Manager Indian Overseas Manager Shanmugham Complex No.8/2, 8/3, 1st and 2nd Floor Chidambaram Nagar Tuticorin ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to release the collateral security in land and resident building in Door No.A2/A2/1, in S.No.72/24, T.S.No.94, Ward-A, Block-15, Shanmughanathapuram 1st Street, Maninagaram, Aruppukottai, Virudhunagar District and residential buildings in the name of P.Thirumurugan in Door No.20/24, Plot No.23 West Part and 24 East in S.No.54/1, Shanmughanathapuram 7th Street, Chinnapuliyampatti Village, Aruppukkottai, Virudhunagar District in Loan Account Nos.184203581500001 and 184202000000377, within a time frame. For Petitioner :

Mr.T.Lajapathi Roy For Respondents :

Mr.N.Dilip Kumar

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents to release the collateral security viz., residential building bearing Door No.A2/A2/1, in https://www.mhc.tn.gov.in/judis 1/2

W.P.(MD) No.19463 of 2022 Survey No.72/24, T.S.No.94, Ward-A, Block-15, Shanmughanathapuram 1st Street, Maninagaram, Aruppukottai, Virudhunagar District as well as the residential building stands in the name of P.Thirumurugan, bearing in Door No.20/24, situated in Plot No.23 West Part and 24 East, in Survey No.54/1, Shanmughanathapuram 7th Street, Chinnapuliyampatti Village, Aruppukkottai, Virudhunagar District, vide Loan Account Nos.184203581500001 and 184202000000377, within a time frame.

2. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that the writ petition may be closed granting liberty to the petitioner to work out her remedy in S.A.No.332 of 2021, pending before the Debts Recovery Tribunal, Madurai.

(*)3. Thus, we dispose of the Writ Petition with a direction to the Presiding Officer, Debts Recovery Tribunal, Madurai, to dispose of the S.A.No.332 of 2021, within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CS I) (*)Corrected as per order of this Court in WP(MD)No.19463/2022 dated 30-11-2022.

Sd/- Assistant Registrar (C.O) // True Copy // /12/2022 Sub Assistant Registrar(CS) krk To To be substituted to the order already despatched on 23-11-2022. The Presiding Officer, Debts Recovery Tribunal, Madurai.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-59004[F] dated 11/11/2022 ) +1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-59239[F] dated 11/11/2022 ) W.P.(MD) No.19463 of 2022 10.11.2022 AMS(18.11.2022) 2P 3C SS/14/12/2022/ 2P 4C https://www.mhc.tn.gov.in/judis 2/2