1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 05..04..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)No.3079 of 2011 and M.P.(MD)Nos.1 to 3 of 2011 S. Sreedhran, S/o. Subramanian, Vellimalai Junction, Manavilai, Kalpadi Post, Kanyakumari District. ..... Petitioner - Vs - 1. The Federal Bank Ltd., Branch Office, Rep. by its Branch Manager, No.110, Court Road, Nagercoil - 629 001. 2. The Authorized Officer, The Federal Bank Ltd., Nagercoil. 3. The Presiding Officer, Debt Recovery Tribunal, IV Floor, Kalyanai Tower, Melur Road, Madurai. ......Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the entire records pertaining to the impugned sale notice issued by the second respondent herein dated 10.02.2011 published in "THE HINDU" newspaper dated 11.02.2011 and quash the same. For Petitioner :: Mr.T. Selvakumaran For Respondents :: Mr.R. Pandivel for R-1 and R-2 O R D E R (Order of the Court was delivered by K. SUGUNA, J.) This Writ Petition is filed challenging Sale Notice dated 10.02.2011 published in "THE HINDU" newspaper on 11.02.2011. 2. By an order dated 16.03.2011, we have granted an order of interim injunction, restraining the respondents from proceeding further in pursuance of the order of the third respondent dated 14.03.2011 for a period of two weeks. 3. Today, when the matter is taken up for hearing, the learned counsel appearing for Respondent Nos.1 and 2 has brought to the notice of this Court that basing on the Notice dated 10.02.2011, the Sale has not https://hcservices.ecourts.gov.in/hcservices/ 2 taken place and if the Bank intends to proceed with the Sale in future, it will issue a fresh Sale Notice, consequently, the issue in this writ petition has become infructuous. He has further submitted that the third respondent has already passed an order, as against which the petitioner has not taken any steps so far. 4. Recording the above said statement of the learned counsel appearing for the Bank, which is not disputed by the learned counsel appearing for the petitioner, this writ petition is closed as having become infructuous. However, it is made clear that if the petitioner is having any grievance with regard to the order passed by the third respondent / Debt Recovery Tribunal, Madurai, he is at liberty to take appropriate steps in the manner known to law. There will be no order as to costs. Consequently, the connected M.P.(MD)Nos.1 to 3 are closed. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar To 1. The Branch Manager, The Federal Bank Ltd., Branch Office, No.110, Court Road, Nagercoil - 629 001. 2. The Authorized Officer, The Federal Bank Ltd., Nagercoil. 3. The Presiding Officer, Debt Recovery Tribunal, IV Floor, Kalyanai Tower, Melur Road, Madurai. +1CC TO MR.T.SELVAKUMARAN, ADVOCATE SR.12722 Dpn SR : 09.06.2011 : 2p/5c Writ Petition (MD)No.3079 of 2011 and M.P.(MD)Nos.1 to 3 of 2011 05.04.2011 https://hcservices.ecourts.gov.in/hcservices/