S.Alamelu Vs the Branch Manager

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus, to call for the records relating to the impugned notices issued by first respondent in respect of the Jewel Loan Account No.6930846995 and 6964979267 dated 19.09.2022 in the name of deceased Sangeetha and to quash the same, consequently forbear first respondent from bringing the jewels for auction till issue of legal heirship of deceased Sangeetha is decided by the competent Court of law in O.S.No.137 of 2021 on the file of District Munsif Court, Pappireddipatti, Dharmapuri District.

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For Petitioner(s): Mr.J.Shakul Hameed for Mr.C.Prabakaran

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For Respondent(s): Ms.Hemalatha Suresh, Mr.S.Vel Murugan for R1

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

WP No. 29155 of 2023

R-2 No appearance

ORDER

The present writ petition has been filed challenging the impugned notices issued by first respondent in respect of Jewel Loan Account No.6930846995 and 6964979267 dated 19.09.2022 in the name of deceased Sangeetha and consequently forbear first respondent from bringing the jewels for auction till the issue of legal heirship of deceased Sangeetha is decided by the competent Court of law in O.S.No.137 of 2021 on the file of District Munsif Court, Pappireddipatti, Dharmapuri District.

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Learned counsel for petitioner would submit that impugned auction notices have been addressed to S.Sangeetha, to whom the loan was granted. He would submit Sangeetha died on 17.02.2021 prior to auction notices and would also refer to the death certificate which would evidence the same.

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On this being pointed out, learned counsel for first respondent would submit that they would not proceed with the impugned auction notices and insofar as recovery of the amounts that have been granted by way of loan to the said deceased Sangeetha, she would seek liberty to proceed in accordance with law, agreed to by learned counsel for petitioner.

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

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WP No. 29155 of 2023

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