Dismissed¶25

S.Thangadurai, v. The Chief Manager

Madras HC15 Sept 2025WP(MD)/25165/2025

Case brief

AI extract

What is this about?

Keywords: writ of mandamus; Article 226; refund of Earnest Money Deposit (EMD); auction sale amount Rs.10,32,000/- with 9% interest; representation dated 12.03.2024; Canara Bank ARM Branch, East Veli Street, Madurai; forfeiture for non-remittance of percentage of sale consideration; Bank rejection order dated 04.05.2024 attained finality; Madras High Court Madurai Bench; W.P.(MD)No.25165 of 2025; decided 15.09.2025; dismissed with no costs; advocates: H. Velavadhas for petitioner, C. Deepak for the Bank.

What did the court decide?

The Bank's order dated 04.05.2024 rejecting the petitioner's application has attained finality; in light of that, the Mandamus as sought for (consideration of the representation dated 12.03.2024 and refund of the EMD/auction sale amount with interest) is not liable to be considered. ¶21

S.Thangadurai, Vs The Chief Manager — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD)No.25165 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 15.09.2025

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CORAM:

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.P.(MD)No.25165 of 2025

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S.Thangadurai ... Petitioner

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Vs.

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The Chief Manager, Canara Bank, ARM Branch, St. Marry's Cambus, Circle Office - 1^st Floor, East Veli Street, Madurai – 625 001. ... Respondent

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PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 12.03.2024 and pay the refund of the auction sale amount with 9% interest sum of Rs.10,32,000/- in favour of the petitioner within the time stipulated by this Court.

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For Petitioner : Mr.H.Velavadhas For Respondent : Mr.C.Deepak

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

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W.P.(MD)No.25165 of 2025

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ORDER

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(Order of the Court was made by DR.ANITA SUMANTH, J.)

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Mr.C.Deepak, learned counsel, accepts notice for the Bank.

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2.This is a Writ Petition seeking a Mandamus for consideration

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of the petitioner's representation dated 12.03.2024 for refund of the Earnest Money Deposit (EMD) with interest.

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3.Mr.C.Deepak, learned counsel, who appears for the Bank, draws our attention to order dated 04.05.2024, placed at page 18 of the Writ typed set, wherein the Bank has rejected the petitioner's application informing him that the amount would be forfeited if a certain percentage of the sale consideration was not remitted within the designated time. The aforesaid order dated 04.05.2024 has attained finality, and in light of the same, Mandamus as sought for is not liable to be considered.

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

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W.P.(MD)No.25165 of 2025

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4.Accordingly, this Writ Petition is dismissed. No costs.

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[A.S.M.J.,] & [C.K.J.,] 15.09.2025

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NCC :Yes/No Index :Yes/No Internet :Yes ps