The Madurai Bench dismissed a writ appeal challenging the dismissal of a petition against an auction sale notice. The court held that the right of redemption is forfeited once the property is sold and rejected the appeal due to significant delay.
Writ appeal dismissed; no costs awarded to the respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.03.2014 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI
Writ Appeal (MD)No.374 of 2014
R.Thiruppathy
... Appellant/ Petitioner
Vs.
1.The Joint Registrar, Co-operative Societies, Dindigul.
2.A 2031-Batlagundu Co-operative House Building Society Ltd., through its Secretary, Batlagundu, Nilakottai Taluk, Dindigul District.
3.The Branch Manager, The Tamil Nadu Industrial Investment Corporation, Thiruvalluvar Salai, Dindigul. ... Respondents / Respondents
Prayer : Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 29.10.2011, made in W.P.(MD)No.11885 of 2008.
Prayer in WP(MD). 11885/ 2008 :
Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of mandamus, directing the 3rd respondnet to cancel the acution dated 27/01/2004 and directing the 1st respondnet to bring re-auction the petitioners property situated in survey No. 412-B/10A/a1 (New D.No. 7-6-50) at Batlagundu village, Nilakottai taluk, dindigul registered in Doc. No. 696 of 2000 in favour of the 2nd respondent.
For Appellant : Mr.R.G.Shankar Ganesh
For Respondent-1: Mr.A.K.Baskara Pandian, Spl.Govt.Pleader.
For Respondent-2: Mr.A.Jayaramachandran
For Respondent-3 : M/s.Aiyar & Dolia
JUDGMENT
https://hcservices.ecourts.gov.in/hcservices/ (Judgment of the Court was delivered by V.RAMASUBRAMANIAN,J )
The writ appeal arises out of the dismissal of a writ petition, challenging the auction sale notice issued by the Tamil Nadu Industries Investment Corporation.
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2.Heard Mr.R.G.Shankar Ganesh, learned counsel for the appellant. Mr.A.Jayaramachandran, learned counsel takes notice for the 2nd respondent.
3.The appellant borrowed a loan from the Tamil Nadu Industrial Investment Corporation, which is a State Financial Corporation. The
appellant failed to repay the amounts due in respect of the loan, forcing the Tamil Nadu Industrial Investment Corporation to bring the property to sale, in exercise of the power conferred. Challenging the proposed auction, the appellant filed the writ petition. The writ petition was dismissed. Therefore, the appellant is before this Court.
4.Admittedly, the auction was conducted on 27.01.2004. The auction was also confirmed. After sleeping over the matter for four years, the appellant filed the writ petition only in 2008. Therefore, the learned Judge rightly dismissed the writ petition.
5.It is also to be pointed out that the dismissal of the writ petition was in November, 2011. Though the writ appeal was filed in June, 2012, with a delay of 27 days, the appellant took his own time to rectify the defects and get it numbered only in 2014.
6.Even before the civil court, the right of redemption of a person will be forfeited once the mortgaged property is sold. Therefore, the dismissal of the writ petition was right and we see no reason to interfere with the order of dismissal. Therefore, the writ appeal is dismissed. No costs.
Sd/-
Assistant Registrar
/True Copy/
Sub Assistant Registrar
To
1.The Joint Registrar, Co-operative Societies, Dindigul.
+1cc to Mr.AIYAR & Dolia Advocate in SR.No. 15865.
TS/21.03.2014/2P-5C
JUDGMENT IN W.A.(MD)No.374/2014
Dated:11.03.2014
3 issues framed by the court
Whether the writ appeal challenging the dismissal of a writ petition regarding an auction sale of mortgaged property should be allowed.
Whether the right of redemption of a mortgagor is forfeited once the mortgaged property is sold.
Whether the dismissal of the underlying writ petition due to delay was correct.
R.Thiruppathy
The Joint Registrar, Co-operative Societies, Dindigul
A 2031-Batlagundu Co-operative House Building Society Ltd.
The Branch Manager, The Tamil Nadu Industrial Investment Corporation
V.Ramasubramanian
V.M.Veluman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
