S.MANIKUMAR, V.BHAVANI SUBBAROYAN
S. M. K. Construction – Appellant
Versus
Authorised Officer, Bank of Baroda, Erode Branch – Respondent
S. Manikumar, J.
Petitioner has availed Over Draft loan facility of Rs.90 Lakhs from Bank of Baroda, Erode on 23.01.2010 for business purpose. Bank Guarantee to the tune of Rs.10 Lakhs was also sanctioned, but not utilised. Loan was secured by mortgaging lands in SF No.119/2A, Old Survey No.26, 22 F, 25/B and 25/C and 102 A, Thottipalayam, 17-Oodayum Village, Muthur Town Panchayat, Vella Koil Sub Registrar Office, Kangeyam Taluk, Tirupur District measuring an extent of 5.05 acres.
2. According to the petitioner, land is an agricultural property classified as 'punja' with 600 coconut trees, 3500 Eucalyptus trees, 2000 Casuarina trees and other trees including rubber and bamboo trees. Petitioner has further stated that corn was also planted in and around 1.50 acres. There was also a cattle farm.
3. Petitioner has further contended that electricity service connection in S.C.No.167 was obtained from TANGEDCO, exclusively for agricultural activity. There is a blue metal crush unit in the portion of the land. Farmers in and around the said land objected to the crush unit, pursuant to which the Tamilnadu Pollution Control Board, passed an order dated 16.12.2016. Writ petitioner has fu
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