Madras High CourtWP(MD)/19698/2020dismissed for nonprosecution

Kumarasamy @ Jayaraman.C v. The District Collector

2021-02-03Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.19698 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.19698 of 2020 and W.M.P.(MD)No.16422 of 2020 C.Kumarasamy @ Jayaraman : Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Assistant Collector, Tirunelveli District, Tirunelveli.

3.The Authorised Officer, South Indian Bank, Madurai Regional Office, 1st Floor YMCA Building, Opp to Astoria Hotels, 70 Feet Road, Ellis Nagar, Madurai.

4.The Branch Manager, South Indian Bank, Tirunelveli Junction Branch, Tirunelveli.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus forbearing the respondents 1 & 2 from taking physical possession of the properties in pursuance of the orders dated 26.10.2020 and 03.12.2020 as referred and under mentioned in the communication of the third respondent dated 08.12.2020 under the SARFAESI Act, not otherwise than due process of law, besides directing the respondents to furnish the copy of the order dated 26.10.2020 and 03.12.2020 passed by the 1st and 2nd respondent respectively.

For Petitioner : No appearance For Respondents : Mr.K.P.Krishnadoss, Special Government Pleader for R.1 & R.2 Mr.R.Pandivel for R.3 & R.4 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.19698 of 2020

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) When the matter was taken up for hearing in the last occasion, there was no representation for the petitioner. Even today, there is no representation on behalf of the petitioner.

2. The learned Counsel appearing for the respondents 3 & 4 / Bank submitted that the conditional order imposed by this Court on 22.12.2020 has not been complied with by the petitioner. He further submitted that there is an alternative remedy for the petitioner lying before the Debts Recovery Tribunal.

3. In view of the same, this petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) gk To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Assistant Collector, Tirunelveli District, Tirunelveli.

+1 CC to SGP ( SR-3277[F] dated 04/02/2021 ) W.P.(MD)No.19698 of 2020 03.02.2021 KM (12.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2