Dismissed

Mary Sheela v. the Chief Judicial Magistrate

Madras HC11 Nov 2022WP(MD)/704/2022

Case brief

AI extract

What is this about?

The Madurai Bench dismissed a writ petition seeking quashing of a Crl.M.P. order directing possession of a secured asset. The court allowed withdrawal by the petitioner with liberty to pursue remedies pending before the Debts Recovery Tribunal.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to approach the Debts Recovery Tribunal, Madurai. Connected miscellaneous petition closed.

Mary Sheela Vs the Chief Judicial Magistrate — Contract and Commercial Disputes | Madras HC (2022)

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W.P.(MD) No.704 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 11.11.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

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W.P.(MD) No.704 of 2022 and

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W.M.P.(MD) No.560 of 2022

Mary Sheela

... Petitioner

-vs-

1.The Chief Judicial Magistrate Kanyakumari District at Nagercoil

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2.The Authorised Officer Tamilnadu Mercantile Bank Ltd., Colachel Branch 17/W 21, Main Road Colachel and Post Kanyakumari District ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records in Crl.M.P.No.8689 of 2021, dated 07.12.2021, on the file of the first respondent and quash the

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.704 of 2022

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same and further forbear the second respondent from interfering with the possession of the petitioner's residential house comprised in R.S.No.B1-15/14

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of Colachel B Village, Kalkulam Taluk, Kanyakumari District.

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For Petitioner : Mr.Nimal.C.R. For Respondents : R1 – Court Mr.V.Karthikeyan for R2

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O R D E R

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[Order of the Court was made by R.MAHADEVAN, J.]

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Challenge in this writ petition is to the order dated 07.12.2021, passed in Crl.M.P.No.8689 of 2021, by the learned Chief Judicial Magistrate, Kanyakumari District at Nagercoil, ordering to take possession of the secured asset, with a direction to the second respondent not to interfere with the petitioner's possession of the secured asset.

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2. Today, when the matter was taken up for hearing, learned counsel appearing for the petitioner submitted that he is withdrawing this writ petition with liberty to the petitioner to work out her remedy in S.A.No.378 of 2021, pending before the Debts Recovery Tribunal, Madurai and he has also made an endorsement to that effect.

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.704 of 2022

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3. In view of the endorsement so made, the writ petition is dismissed

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as withdrawn with liberty as prayed for. No costs. Consequently, connected miscellaneous petition is closed.

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[R.M.D., J.] [J.S.N.P., J.]

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11.11.2022

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Index : Yes / No Internet : Yes / No

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krk

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To: The Chief Judicial Magistrate, Kanyakumari District at Nagercoil.

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.704 of 2022

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R.MAHADEVAN, J. and J.SATHYA NARAYANA PRASAD, J.

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krk

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W.P.(MD) No.704 of 2022 and W.M.P.(MD) No.560 of 2022

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11.11.2022

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_____________ Page 4 of 4_

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https://www.mhc.tn.gov.in/judis

Mary Sheela v. the Chief Judicial Magistrate

Case brief

What is this about?

What did the court decide?

Mary Sheela v. the Chief Judicial Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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