Petitioners challenged auction notices regarding pledged jewels. The court accepted the bank's submission that petitions were infructuous as some loans were regularized and others redeemed or not auctioned. The writ petitions were therefore closed without further adjudication.
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.
WP(MD).Nos.8404 to 8407 of 2019 and 8286 to 8289 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.S. SUNDAR
| W.P.(MD).Nos.8404 to and W.M.P.(MD).Nos.6594, |
8407 o 6595, |
f 2019 and 6598, 6599 |
8286 to 8289 of 2019 and 6499 to 6506 of 2019 |
|---|---|---|---|
| A.P.A.Pandi | ... | Petitioner | in WP(MD).8404/ 2019 |
| P.Sumathi | ... | Petitioner | in WP(MD).8405/ 2019 |
| M.Selvam | ... | Petitioner | in WP(MD).8406/ 2019 |
| S.Sheela | ... | Petitioner | in WP(MD).8407/ 2019 |
| M.Malayandi | ... | Petitioner | in WP(MD).8286/ 2019 |
| M.Haroon Razeed | ... | Petitioner | in WP(MD).8287/ 2019 |
| Anwar Ali | ... | Petitioner | in WP(MD).8288/ 2019 |
| K.Moorthy | ... | Petitioner | in WP(MD).8289/ 2019 |
| Vs. | |||
| 1.The Divisional Manager, Canara Bank, St. Mary's Campus, East Veli Street, Madurai. |
|||
| 2.The Branch Manager, Canara Bank, |
|||
| Mangulam, Alagarkoil, | |||
| Madurai – 625 301. | .. | Respondents | in all WPs. |
Prayer in WP(MD).Nos.8404 to 8407, 8287 to 8289 /2019,:
Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, call for the records pertaining to the impugned auction notice of the 2nd respondent, dated 23.03.2019 published in daily newspaper and quash the same and consequently direct the respondents to consider the objection/representation made by the petitioner, dated 02.04.2019.
Prayer in WP(MD). 8286/ 2019 :
Writ Petition is filed under Article 226 of the https://hcservices.ecourts.gov.in/hcservices/ Constitution of India, praying this Court to issue a writ of
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WP(MD).Nos.8404 to 8407 of 2019 and 8286 to 8289 of 2019
Certiorarified Mandamus, call for the records pertaining to the impugned auction notice of the 2nd respondent dated 23.03.2019 published in daily newspaper and quash the same and consequently direct the respondent to consider the objection/representation made by the petitioner dated 29.03.2019.
For Petitioners : Mr.J.Anandkumar
For Respondents : Mr.Pala Ramasamy
ORDER
These writ petitions have been filed challenging the auction notice issued by the second respondent, dated 23.03.2019 and published in daily newspapers and to direct the respondents to consider the objections of the petitioner in all these cases.
2.The petitioner states they are poor farmers doing agricultural activities for more than 20 years. The petitioners have availed agricultural loan by pledging their jewels. Some of the petitioners sought time to redeem the jewels and the respondents rejected such request without assigning any reason. The auction notice, dated 23.03.2019 was issued by the respondent to sell the jewels by public auction.
3.The learned counsel appearing for the petitioners and the respondent bank submitted that the petitioners in the writ petitions namely W.P.(MD).Nos.8286, 8287, 8289 and 8404 of 2019 have redeemed the jewels. It is further stated by the learned counsel appearing for the respondents that even in respect of other petitioners they have not conducted any auction and the loan was also regularised. It is therefore, suggested that the writ petitions have became infructuous, even in respect of other writ petitions.
4.Recording the statement of learned counsel appearing for the Bank, these writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
TM
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WP(MD).Nos.8404 to 8407 of 2019 and 8286 to 8289 of 2019
To
1.The Divisional Manager, Canara Bank, St. Mary's Campus, East Veli Street, Madurai. 2.The Branch Manager, Canara Bank, Mangulam, Alagarkoil, Madurai – 625 301.
+1 CC to M/s.PALARAMASAMY, Advocate ( SR-8816[F] dated 27/02/2020 )
W.P.(MD).Nos.8404 to 8407 of 2019 and 8286 to 8289 of 2019 26.02.2020 JMN(13.03.2020) 3P : 4C
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1 provisions across 1 enactments
A.P.A.Pandi
P.Sumathi
M.Selvam
S.Sheela
M.Malayandi
M.Haroon Razeed
S.S. SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
