Madras High CourtWP(MD)/22903/2023dismissed as infructuous

Paulpandi.S v. The Authorized Officer

2024-01-02Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) Nos.19151, 19153 and 19155 of 2023 S.Paulpandi ... Petitioner -vs1.The Authorized Officer, Tamilnad Mercantile Bank, Madurai Simmakkal Branch, No.28, Naicker New Street, Sakthi Sivam Theatre Complex, Simmakkal, Madurai - 625 001.

2.Tamilnad Mercantile Bank, Rep. by its Branch Manager, Madurai Simmakkal Branch, No.28, Naicker New Street, Sakthi Sivam Theatre Complex, Simmakkal, Madurai - 625 001.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarifed Mandamus, to call for the records pertaining to the

Sale Notice dated 05.09.2023 published in The Hindu and Dhinathanthi daily on 06.09.2023 issued by the 1st Respondent and quash the same and further direct the 2nd respondent to cancel the MODTD dated 16.07.2020 and MODTD dated 23.02.2011 executed by the petitioner and return all the original title deeds with regard to the schedule properties to the petitioner. For Petitioner :

Mr.V.Veerapandian For Respondents :

Mr.Thevan, Standing Counsel

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The prayer in this writ petition is to quash the Sale Notice dated 05.09.2023 published in The Hindu and Dhinathanthi daily on 06.09.2023 issued by the 1st Respondent and further to direct the 2nd respondent to cancel the MODTD dated 16.07.2020 and MODTD dated 23.02.2011 executed by the petitioner and return all the original title deeds with regard to the schedule properties to the petitioner.

2. Today, when the matter was taken up for hearing, learned counsel appearing for the petitioner has brought to the notice of this Court that no sale has been conducted pursuant to the aforesaid sale notification issued by the 1st respondent.

3. In view of the submissions made by the learned counsel for the petitioner, prayer sought for by the petitioner has become infructuous. Hence, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.

[D.K.K., J.] [R.V., J.] 02.01.2024 Index : Yes / No Internet : Yes / No SJ

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 02.01.2024