Auction purchaser in a DRT e-auction sought a writ of mandamus restraining the debtor from interfering with his possession. The court held Article 226 cannot be used to obtain a permanent injunction against a private individual and dismissed the petition with liberty to approach the civil court.
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.
W.P.(MD)No.21323 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.21323 of 2024 and
W.M.P.(MD)No.18057 of 2024
K.Navaneethan ... Petitioner
-vs-
1.D.Periyasamy
2.State Bank of India, Thuraiyur Branch, No.2A and 2B, RK and KK Commercial Building, Trichy Road, Thuraiyur Town and Taluk, Thiruchirappalli District - 621 010,
Represented by its Chief Manager. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents not to evict the petitioner from the property comprised in Survey No.453/1 to an extent of 3.16 Acres and Survey No.453/3 to an extent of 1.21 Acres, with absolute right in the well and 7.5 HP MPS with mamool right of pathway and all easement rights situated at Thuraiyur Taluk, Trichy District, Ariyalur Registration District, Uppliyapuram Sub Registration District, Sobanapuram Village, in an illegal manner by considering the petitioner's representation dated 30.08.2024.
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W.P.(MD)No.21323 of 2024
For Petitioner : Ms.S.G.Vidhya For R2 : Mr.T.Govindasamy Standing Counsel
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
The petitioner seeks a decree for a permanent injunction under
Article 226 of the Constitution of India. The petitioner claims to have purchased the property in an e-auction held by the Debts Recovery Tribunal on 17.03.2022
and he has also been put in possession of the property by the Advocate Commissioner on 29.04.2022.
2 . It is brought to our notice that on a challenge from the Debtor, the
Debts Recovery Tribunal has passed certain conditional order, which has the effect of the sale being set aside.
3 . Mr.T.Govindasamy, learned Standing Counsel appearing for the
second respondent Bank would submit that the Bank has filed an appeal against the said order of the Debts Recovery Tribunal before the Debts Recovery Appellate Tribunal and the same is pending.
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W.P.(MD)No.21323 of 2024
4 . In such situation, if the Principal Debtor attempts to interfere with the possession of the auction purchaser, it is for the auction purchaser to approach the appropriate Civil Court, seeking appropriate relief. Article 226 of the Constitution of India cannot be invoked to seek a decree for permanent injunction against a private individual. Hence, this Writ Petition is dismissed with liberty to the petitioner to approach the appropriate Civil Court. No costs. Consequently, connected Miscellaneous Petition is closed.
NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 05.09.2024 smn2
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W.P.(MD)No.21323 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
smn2
W.P.(MD)No.21323 of 2024 and W.M.P.(MD)No.18057 of 2024
05.09.2024
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1 issue framed by the court
Whether Article 226 can be invoked by an auction purchaser to seek permanent injunction against a private individual's interference with possession.
1 provisions across 1 enactments
K.Navaneethan
D.Periyasamy
State Bank of India, Thuraiyur Branch
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
