IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.09.2017 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P. No.24598 of 2017
and
W.M.P No.25955 of 2017
V. Shanmugam .. Petitioner /Vs/
1 The Joint Registrar of Cooperatives Salem city Cooperative Bank Salem
2 The Sales Officer cum Sub Registrar of Cooperatives Salem city Cooperative Bank Salem
3 The Secretary Ponnammapettai Cooperative Bank Salem Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioners representation dated 4.9.2017
consequently forbearing the respondents or their men agents servants or anybody claiming through them from conducting the public Auction sale schedule to be held on 14.9.2017 or to any subsequent date in respect of the above said property at No.4/111 Valluvar Colony Dadhampatty Joint SRO Salem Patta No.429 S.No.25/3 measuring total extent of 900 Sq.ft. and to pass further orders.
For Petitioner : Mr. B. Manimaran For Respondents : Mr. L.P. Shanmugasundaram Spl. Govt. Pleader for R1 & R2 Mrs.T.Girija, Government Advocate for R3
O R D E R
This Writ Petition has been filed seeking to direct the respondents to consider the petitioner's representation dated 4.9.2017, consequently forbearing the respondents or their men, agents servants or anybody claiming through them from conducting the public Auction sale schedule to be held on 14.9.2017 or to any subsequent date in respect of the above said property at No.4/111 Valluvar Colony Dadhampatty Joint SRO Salem Patta No.429 S.No.25/3 measuring total extent of 900 Sq.ft.
2. By consent of both the parties, the writ petition itself is taken up for final disposal.
3. According to the petitioner, the petitioner has made a representation on 04.09.2017. Without considering the said representation, auction sale notice has been issued by the respondents, informing that the auction sale will be held on 14.09.2017 at 3.00 p.m. Challenging the said notice, the writ petition has been filed.
4. The learned Special Government Pleader would submit that the petitioner has filed the present writ petition to consider his representation dated 04.09.2017 and that the same would be considered by the 2nd respondent, if the petitioner shows his bonafide on payment of the loan amount.
5. The learned counsel for the petitioner, on instructions, submitted that the petitioner would pay Rs.30,000/- on or before 14.09.2017, 3.00 p.m. and that the balance Rs.70,000/- would be paid within a period of two weeks from tomorrow i.e. 14.09.2017. So far as the remaining due amount is concerned, the respondents may be directed to consider his representation.
6. In view of the above said submissions made by the parties, the petitioner is directed to pay Rs.30,000/- on or before 14.09.2017, 3.00 p.m. and that the balance of Rs.70,000/- to be paid within a period of two weeks thereafter i.e. 14.09.2017. So far as the remaining due amount is concerned, the respondents are directed to consider the representation dated 04.09.2017 of the petitioner, within a reasonable time. It is made clear that, only if the petitioner complies with the above conditional order, the impugned auction sale scheduled to be held on 14.09.2017 at 3 p.m, shall be deferred. In case the petitioner fails to comply with any one of the condition, the respondents are at liberty to proceed further, in accordance with law.
7. The Writ Petition is disposed of,accordingly.
Consequently, connected Miscellaneous Petition is closed. No costs.
13.09.2017 Index : Yes / No Speaking order/ Non-speaking order [Issue order copy today i.e. 13.09.2017] avr To
1 The Joint Registrar of Cooperatives Salem city Cooperative Bank Salem
2 The Sales Officer cum Sub Registrar of Cooperatives Salem city Cooperative Bank Salem
3 The Secretary Ponnammapettai Cooperative Bank Salem D. KRISHNAKUMAR J.
avr
W.P. No.24598 of 2017
and
W.M.P No.25955 of 2017
13.09.2017