.1. An interesting question namely whether the charge created on the properties in pursuance of section 24(1) of Tamil Nadu General Sales Tax Act, 1959. (hereinafter referred to as ‘The Tamil Nadu Act’) will prevail over a charge created under a mortgage of the very same properties in favour of the petitioner Bank which is prior in point of time, is to be decided in this writ petition.

2. Petitioner Canara Bank has approached this Court to issue a writ of mandamus directing the 1st respondent to forbear from selling the properties of the 2nd respondent or taking any further steps in the sale of the scheduled mentioned properties in pursuance of Form No.VI A notice, to sell the land dated 111. 1990 issued by the first respondent.

3. The brief facts are stated hereunder: The second respondent have been enjoying certain credit facilities from the petitioner Bank. The said Company was granted on 17. 1974 and earning cash credit facility to the tune of Rs. 50, 000 on the 2nd respondent hypothicating the stock-in-trade and also creating mortgage over the landed property bearing Survey No. 161 (Part), Porur Village, Saidapet Taluk of an extent of 4680 sq. ft. The charge creat