1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI and THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition (MD) No.8028 of 2011 1.T.Rameshkumar 2.M.Karthikeyan 3.S.Balachandran 4.T.Arulraj 5.Manohar ... Petitioners Vs. 1.The Branch Manager, Authorised Officer, State Bank of India, Thadikarankonam Branch, Kanyakumari District. 2.The Regional Manager, State Bank of India, Regional Office, Tirunelveli. 3.The Chief General Manager State Bank of India, Local Head Office, Mound Road, Chennai. 4.Jose Lysis Joel @ Jose ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus to call for the records on the files of the first respondent pertaining to the notice dated 21.06.2011 published in Dina Thanthim dated 28.06.2011 and quash the same and consequently directing the respondents to forthwith consider the petitioner's representation dated 28.06.2011 and to handover the shop building Nos.4/11-6,7,8,9 and 10 of Kulasekaram Panchayat, Kanyakumari District bearing Resurvey No.407/4B comprised in Thiruvattar Village, Kanyakumari District, which is in possession of the petitioners. For Petitioners .. Mr.M.Gnanagurunathan For Respondents .. Mr.A.Saravanan for R1 ORDER (Order of the Court was made by P.JYOTHIMANI, J.) This writ petition is filed by the tenants challenging the notice and publication issued by the Bank under Section 13(4) of the SARFAESI Act. Admittedly, the petitioners are the tenants in respect https://hcservices.ecourts.gov.in/hcservices/ 2 of various portions holding shop Nos.4/11-6,7,8,9 and 10 of Kulasekaram Panchayat, Kanyakumari District bearing Resurvey No.407/4B comprised in Thiruvattar Village, Kanyakumari District. 2. Today, all the petitioners have filed an affidavit, dated 04.08.2011, in which, they have given a categorical undertaking that the monthly rent will be paid to the Bank on or before 10th of every month and they have also undertaken that they will not claim any right over the shops and they will vacate the shops and handover the vacant possession immediately, if the bank sell the property to the third parties. 3. The relevant portion of the undertaking given by the petitioners is extracted hereunder: “4.We undertake that we will deposit the monthly rent regularly to the Bank on or before 10th of every month. We further undertake that we will not claim any right over the shop and we will vacate the shop and handover the vacant possession in case of the Bank sell the property to the third parties.” 4. Recording the said undertaking given by the petitioners, the writ petition stands disposed of permitting the first respondent Bank to proceed in accordance with the SARFAESI Act for the sale of the property. It is stated that in respect of these petitioners, the Bank has put up a lock in addition to the lock put up by the individual petitioner. In view of the orders passed above, We direct the Bank to open the lock put up by them. It is open to the petitioners to open the lock put up by the individual petitioner in the premises. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To 1.The Branch Manager, Authorised Officer, State Bank of India, Thadikarankonam Branch, Kanyakumari District. 2.The Regional Manager, State Bank of India, Regional Office, Tirunelveli. 3.The Chief General Manager, State Bank of India, Local Head Office, Mound Road, Chennai. +1cc to Mr.Gnanagurunathan, Advocate Sr.No.26152 +1cc to Mr.S.Sethu Raman, Advocate Sr.No.26171 RR akm/5.8.11 /2p-6c/ Order Made in WP(MD) No.8028 of 2011 and M.P.Nos.3 and 4 of 2011 04.08.2011 https://hcservices.ecourts.gov.in/hcservices/