Madras High CourtWP(MD)/4774/2014dismissed for nonprosecution

Karuppaiah, S/O Maya Thevar, v. The Officer In Charge,

2022-02-15Honourable Mr Justice Abdul Quddhose2 pages

W.P(MD).No.4774 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P(MD).No.4774 of 2014 and M.P.(MD).Nos.1 and 2 of 2014 Karuppaiah .. Petitioner Vs.

1.The Officer In-Charge, Reserve Bank of India, Agriculture Loan Division, Kamarajar Salai, Chennai.

2.The Authorized Officer, State Bank of India, Division IV-No.2, Dr.Ambetkar Road, Madurai - 2.

3.The Branch Manager, State Bank of India, Cumbum Main Road, Chinnamanur, Uthamapalayam, Theni District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the 2nd and 3rd respondents to release the Tractor bearing the registration No.TN 60 X 4007, to the petitioner on the basis of the petitioner's representation dated 14.03.2014, within a period of stipulated time. For Petitioner :

Mr.A.Prasanna Rajadurai for Mr.NA.Palaniyandi For Respondents :

No Appearance

ORDER

The matter is listed under the caption 'for dismissal' today. The learned counsel for the petitioner submits that despite his best efforts he is unable to contact his client. The first counsel on record is also no more. On the last hearing date itself, in the absence of the learned counsel for the petitioner, this Court recorded the fact that the prayer sought for in this writ petition may now have become infructuous.

2.In this writ petition a Mandamus has been sought for to direct the third and second respondents to release the Tractor https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.4774 of 2014 bearing Registration No. TN-60-X-4007 to the petitioner on the basis of the petitioner's representation, dated 14.03.2014, within a time frame to be fixed by this Court. By now, the Tractor, which is the subject matter of the writ petition after lapse of almost six years may have got condemned. Further the petitioner if he was interested in the said Tractor, he would have certainly approached his lawyer for prosecuting this writ petition. It can now be inferred that the petitioner is not interested in prosecuting the writ petition as he has not contacted his lawyer.

3.Accordingly, this writ petition is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

+1 CC to M/s.NA.PALANIYANDI, Advocate (SR-6426[F] dated 16/02/2022 ) W.P(MD).No.4774 of 2014 15.02.2022 KS(CO) GC(25.02.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2