Madras High CourtWP(MD)/26162/2019withdrawn dismissed

M/S.N.T.Tex v. The District Collector

2019-12-10Honourable Mr Justice M.Duraiswamy,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

W.P.(MD)No.26162 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.P.(MD)No.26162 of 2019 and W.M.P(MD)Nos.22616 and 22617 of 2019 M/s. N.T.Tex, represented by its Proprietor, V.Nagarajan, S/o. Late Velusamy, No.70, Senguntharpuram, 5th Cross, Karur 639 002.

... Petitioner Vs.

1.The District Collector, District Collector Office, Karur.

2.The Chief Manager, Allahabad Bank, Vairams Complex, 2nd Floor, 112, Thyagaraya Road, T.Nagar, Chennai 600 07.

3.The Branch Manager, Allahabad Bank, 16, Sengunthapuram, 5th Cross, Karur 639 002.

4.s.Manohar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order of the first respondent in Rc.No.D4/2206/2019, dated 29.11.2019 and quash the same and consequently restraining the respondents 1 to 3 from taking physical possession of the petitioner's ancestral property in S.F.No.47/D2 to an extent of 0.12 cents and S.F.No.47/E2 to an extent of 0.23 cents situated in Manmangalam Village, Karur District.

For Petitioner : Mr.S.Satheesh Kumar For R1 : Mr.VR.Shanmuganathan, Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.26162 of 2019 For R2 & R3 : Mr.Pala Ramasamy

O R D E R

(Order of the Court was made by M.DURAISWAMY,J.) The learned counsel appearing for the petitioner seeks permission to withdraw the writ petition with liberty to move the Debt Recovery Tribunal, Madurai, challenging the order passed under Section 14 of the SARFAESI Act by the first respondent, dated 29.11.2019. The learned counsel for the petitioner has also made an endorsement.

2. In view of the same, the writ petition is dismissed as withdrawn. It is open to the petitioner to challenge the impugned order before the Debt Recovery Tribunal, in accordance with law. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) akv To The District Collector, District Collector Office, Karur.

+1 CC to MR.PALA RAMASAMY, Advocate ( SR-104413[F] dated 11/12/2019 ) +1 CC to SPL.GP ( SR-104548[F] dated 11/12/2019 ) W.P.(MD)No.26162 of 2019 10.12.2019 KM/(31.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2