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R.Sethunathan vs The Government Of Tamilnadu
2021 Latest Caselaw 22918 Mad

Citation : 2021 Latest Caselaw 22918 Mad
Judgement Date : 23 November, 2021

Madras High Court
R.Sethunathan vs The Government Of Tamilnadu on 23 November, 2021
                                                                                 W.P.No.13901 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 23.11.2021

                                                  CORAM
                                  THE HONOURABLE MR. JUSTICE M.DHANDAPANI

                                                      W.P.No.13901 of 2019

                    1.        R.Sethunathan
                    2.        R.Raja Sudhakar                                       ... Petitioners

                                                              vs.

                    1.        The Government of Tamilnadu,
                              rep. by its Chief Secretary,
                              Secretariat Building,
                              Chennai 600 009.

                    2.        The Law Secretary,
                              Law Department,
                              Secretariat Building,
                              Chennai 600 009.

                    3.        The Secretary,
                              Home Department,
                              Secretariat Building,
                              Chennai 600 009.                                    ... Respondents

                          Writ Petition filed under Article 226 of the Constitution of India
                    praying for the issuance of a Writ of Mandamus, directing the Respondents to
                    appoint an Official Receiver for the District Court, Villupuram, so as to
                    enable the sale of the properties which are the subject matter of I.P.No.36 of
                    1970 for discharging the Pro-Note Debts dated 24.04.1969 and 25.05.1969,
                    borrowed by Nandagopal Chettiar, the Insolvent in I.P.No.36 of 1970.



                    Page No.1 of 4

https://www.mhc.tn.gov.in/judis
                                                                                    W.P.No.13901 of 2019

                                     For Petitioners         :      Ms.G.Sudha
                                     For Respondents         :      Mr.J.Ravindran,
                                                                    Addl. Advocate General
                                                                    assisted by
                                                                    Mr.M.R.Gokulakrishnan,
                                                                    Government Advocate

                                                      ORDER

Petitioners have come up with this Writ Petition seeking a direction to

the Respondents to appoint an Official Receiver for the District Court,

Villupuram, so as to enable the sale of the properties which are the subject

matter of I.P.No.36 of 1970 for discharging the Pro-Note Debts dated

24.04.1969 and 25.05.1969, borrowed by Nandagopal Chettiar, the Insolvent

in I.P.No.36 of 1970.

2. Heard the learned counsel for the parties and perused the

material documents available on record.

3. This Court, by an order dated 15.11.2021, issued a direction to

the 3rd Respondent herein to appoint an Official Receiver and disclose the

name of the appointed Official Receiver on or before 23.11.2021. In

compliance of the said order, one Mr.G.Sudhakaran, Advocate, was

appointed as Official Receiver vide G.O.(2D) No.285, Home (Courts-V)

Department, dated 22.11.2021.

https://www.mhc.tn.gov.in/judis W.P.No.13901 of 2019

4. As the relief sought for by the Petitioners to appoint an Official

Receiver has been granted, nothing further survives for consideration in this

Writ Petition. This Court expects that, the Official Receiver will take all

possible steps in disbursing the amount to the judgment creditor.

Accordingly, the Writ Petition stands dismissed as having become

infructuous. No costs. Consequently, connected W.M.P.No.13964 of 2019

is closed.



                                                                                           23.11.2021
                    Index                  :     Yes/No
                    Speaking Order         :     Yes/No

                    (aeb)

                    To:
                    1.        The Chief Secretary,
                              Government of Tamilnadu,

Secretariat Building, Chennai 600 009.

2. The Law Secretary, Law Department, Secretariat Building, Chennai 600 009.

3. The Secretary, Home Department, Secretariat Building, Chennai 600 009.

https://www.mhc.tn.gov.in/judis W.P.No.13901 of 2019

M.DHANDAPANI,J.

(aeb)

W.P.No.13901 of 2019

23.11.2021

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

 
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