W.P(MD)No.8111 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY

and

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

W.P(MD)No.8111 of 2022

1.M/s.C.V.Tex,

Rep. by its Prop: Mr.M.C.Madasamy,

Door No.2/39-D Karadi Mark Street,

Dhalavaipuram, Rajapalayam – 626 188.

2.Mr.C.Madasamy (Borrower/Morgagor),

Door No.43/1, 43/2, Karmgea Nadar Street,

Chettiarpatti Village & Town Panchayat,

Rajayapalayam, Virudhunagar District.

.. Petitioners

Vs

The Authorised Officer/Chief Manager,

Indian Bank, Rajapalayam Branch,

825, Tenkasi Road,

Rajapalayam – 626 117.

.. Respondent

Writ Petition filed under Article 226 of the Constitution of

India praying for issuance of a Writ of Certiorarified Mandamus to

call for the records relating to E-Auction Sale Notice issued

through paper publication dated 05.04.2022 issued by the respondent

and to quash the same and direct the respondent to regularize the

account of the petitioner.

For Petitioners

:

Mr.Thenmozhi Shiva Perumal

For Respondent

:

Mr.R.Pandivel

ORDER

(Made by R.VIJAYAKUMAR,J.)

1.

The present writ petition has been filed challenging the

sale notice dated 05.04.2022. The sale was proposed to be held on

25.04.2022. The writ petition has been presented on 19.04.2022 and

numbered on 25.04.2022.

2.

Learned counsel appearing on behalf of the respondent bank,

on instructions, submitted that the sale has already been taken

place on 25.04.2022.

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W.P(MD)No.8111 of 2022

3.

The prayer in the writ petition is to quash the sale

notice. Thus we find that, the sale has already been taken place

and, no useful purpose would be served in keeping this writ

petition pending.

4.

In view of above, W.P.(MD) No. 8111 of 2022 is dismissed.

No costs. W.M.P.(MD) Nos.6050, 6051 and 6071 of 2022 would not

survive.

Sd/-

Assistant Registrar (P&A)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

ssm/24

+1 CC to M/s.THENMOZHI SHIVA PERUMAL, Advocate ( SR-21613[F]

dated 27/04/2022 )

W.P(MD)No.8111 of 2022

26.04.2022

GM(CO)

GC(11.05.2022) 2P 2C

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