Amuthavalli v. The Authorised Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.19707 of 2022 and W.M.P(MD)No.14381 of 2022 Amuthavalli ... Petitioner Vs.

1.The Authorised Officer, City Union Bank Ltd., No.24B, Gandhi Nagar, Kumbakonam 612 001 Thanjavur District.

2.The Branch Manager, City Union Bank Ltd., Chinnamannur Branch, Theni District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned possession notice dated 26.07.2022 issued by the first respondent and quash the same as illegal.

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For Petitioner :Mr.T.Veerakumar For Respondents :Mr.R.Pandivel Standing Counsel for Bank *****

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) The petitioner has come forward with this writ petition challenging the possession notice issued by the respondent Bank. 2.Heard Mr.T.Veerakumar, learned counsel appearing for the petitioner and Mr.R.Pandivel, learned Standing Counsel appearing for the respondent Bank.

3.The learned counsel appearing for the Bank submitted that sale notice dated 02.08.2022 has been published and copy of the notice was also served on the petitioner. It is further stated that the date of sale is fixed on 15.09.2022. Since the respondent Bank has proceeded with the sale of property by issuing notice, the petitioner has to challenge the same and this Court is not inclined to entertain the writ petition at this stage challenging the possession notice.

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4.In view of the above, this Writ Petition is dismissed. However, liberty is given to the petitioner to challenge the sale notice and it is also open to him to raise any ground pointing out any irregularity to invalidate or challenging the possession notice also. No costs. Consequently, connected miscellaneous petition is closed.

[S.S.S.R., J.] [S.S.Y., J.] 25.08.2022 Index:Yes/No Internet:Yes Ns To 1.The Authorised Officer, City Union Bank Ltd., No.24B, Gandhi Nagar, Kumbakonam 612 001 Thanjavur District.

2.The Branch Manager, City Union Bank Ltd., Chinnamannur Branch, Theni District.

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S.S.SUNDAR, J.

and S.SRIMATHY , J.

Ns W.P(MD)No.19707 of 2022 and W.M.P(MD)No.14381 of 2022 25.08.2022 4/4