Mohammed Meera v. The Authorised Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Mohammed Meera ... Petitioner -vsThe Authorised Officer, State Bank of India, SME Branch, No.7c, State Bank Road, Cantonment, Tiruchirapalli District.
... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondent to consider the petitioner's representation dated 09.08.2023 and consequently, direct the respondent bank to bring the 2nd schedule property situated in T.S.No.4/5 with an extent of 2.04 acres at Sevalur Village, Manaparai Taluk, Tiruchirapalli District for auction sale. For Petitioner : Mr.R.Senthilkumar For Respondent : Mr.P.Pethu Rajesh
ORDER
[Order of the Court was made by S.S.SUNDAR, J.] The petitioner has filed this writ petition for issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 09.08.2023 and to direct the bank to bring the 2nd schedule property situated in T.S.No.4/5 with an extent of 2.04 acres at Sevalur Village, Manaparai Taluk, Tiruchirapalli District before initiating auction in respect of other properties.
2. The petitioner is confident based on verifiable materials that the second item would satisfy the entire outstanding due to the respondent bank.
3. The learned counsel for the respondent bank has no serious objection to proceed first the 2nd schedule, namely, the property in T.S.No.4/5 measuring to an extent of 2.04 acres.
4. However, it is made clear that the respondent bank is at liberty to proceed further against the other properties, in case, the property in 2nd schedule does not fetch the price to satisfy the claim.
5. With the above liberty, the writ petition is disposed of. No costs. [S.S.S.R., J.] [D.B.C., J.] 27.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sji
S.S.SUNDAR , J.
and D.BHARATHA CHAKRAVARTHY , J.
sji 27.09.2023