K.Jamruth v. The Deputy General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE SUNDER MOHAN and C.M.P.(MD)No.14869 of 2024 K.Jamruth : Appellants Vs.

1.The Deputy General Manager, Indian Bank Main Branch, Jeni Plaza, Cantonment, Trichy District.

2.The Chief Manager, Indian Bank Main Branch, Jeni Plaza, Cantonment, Trichy District.

3.The Branch Manager, Indian Bank, Thambipatti Branch, Trichy District.

4.V.Ramamoorthy : Respondents 1/5

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order passed in W.P.(MD)No.19966 of 2024 dated 21.08.2024 by allowing the Writ Appeal. For Appellant : Mr.S.Satheesh Kumar For Respondents 1 to 3 : Mr.Gowri Shankar Panel Standing Counsel

JUDGMENT

************** [Judgment of the Court was delivered by R.SUBRAMANIAN, J.] Challenge is to the order of the learned Single Judge made in W.P.(MD)No. 19966 of 2024 dated 21.08.2024. 2.The learned Judge has only referred the petitioner to the Civil Court, since the auction had taken place long back and granting a decree for delivery and possession under Article 226 of the Constitution of India is impermissible. Hence, we see no reason to interfere with the judgment of the Writ Court. 3.Accordingly, the Writ Appeal fails and the same is dismissed. However, it is open to the petitioner to seek appropriate relief against the Bank for return of the consideration if he deems 2/5

fit. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[R.S.M.,J.] & [S.M.,J.] 22.10.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The Deputy General Manager, Indian Bank Main Branch, Jeni Plaza, Cantonment, Trichy District.

2.The Chief Manager, Indian Bank Main Branch, Jeni Plaza, Cantonment, Trichy District.

3.The Branch Manager, Indian Bank, Thambipatti Branch, Trichy District.

4/5

R.SUBRAMANIAN, J.

and SUNDER MOHAN, J.

MR JUDGMENT MADE IN 22.10.2024 5/5