P.Varadharajan, v. The Assistant General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.16695 of 2017 and W.M.P.(MD)Nos.13299, 13300 and 13301 of 2017 P.Varadharajan ... Petitioner -Vs1.The Assistant General Manager Cum Authorized Officer, State Bank of India, Red Cross Building, 2nd Floor, 32, Mandeeyath Road, Egmore, Chennai-8.

2.The Authorized Officer, The Stressed Assets Management Branch,

State Bank of India, No.1112, Raja Plaza, Avinashi Road, Coimbatore-641 037.

3.The District Collector, Sivagangai District, Sivagangai.

4.The Tahsildar, Manamadurai Taluk, Sivagangai District.

5.M/s.Rukmani Mills, Represented by its Director, S.Kumarappan 6.Tripower Enterprises Pvt.Ltd., No.2/569, Sandynook, Singaravelan First Main Street, Chinna Neelankarai, Chennai-600 115.

7.Madurai Mavatta Ikkia Panchalai Mattrum Amaipuusara Thozhilalar Sangam,(1088/MDU),

by its General Secretary, R.Murugan 8.The Special Tahsildar (Acquisition), Inner Ring Road Scheme, 26/10, Abdul Razack Street, Saidapet, Chennai-600 015.

9.A.Raveendran 10.The Associated Trading Corporation Ltd., by its Authorized Representative R.Tamilselvan 11.S.Thiagarajan Chettiar 12.S.Valliappan 13.S.Palaniappan 14.S.Balasubramanian 15.The Joint Director, ACB Chennai, Central Bureau of Investigation, III Floor, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai-600 006.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in pursuant to the impugned auction notice dated 09.02.2017 published by the 2nd respondent in the Hindu News Paper on 10.02.2017 and quash the same and to direct the 2nd respondent to conduct re-auction by setting aside sale made in favour of the 6th respondent and with further direction to the 15th respondent to conduct the enquiry into the process of confirming the fraudulent sale in favour of the 6th respondent by the 2nd respondent.

For Petitioner : Mr.K.K.Ramakrishnan For R1 & R2 : Mr.V.Karthikeyan For R3 to R5 : No Appearance For R6 : Mr.S.Ramesh For R7 : Mr.M.Sekar, For M/s.S.Arunachalam Associates For R8 to R15 : No Appearance

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] Challenging the auction notice dated 09.02.2017, this Writ Petition has been filed.

2.Today (21.09.2022), when the matter was taken up for hearing, the learned counsel for the respondents 1 and 2 submitted that the auction has already been conducted and possession of the mortgaged property has been given to the auction purchaser and therefore, nothing survives in the Writ Petition for adjudication.

3.Recording the said submission, this Writ Petition is closed with liberty to the petitioner to workout his remedy in the manner known to law. No costs. Consequently, connected miscellaneous petitions are closed. [R.M.D., J.] & [J.S.N.P., J.] 21.09.2022 Index : Yes / No Internet : Yes / No Myr

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.16695 of 2017 21.09.2022