Madras High Court
R.Thilagavathy vs Tamilnad Mercantile Bank Limited on 24 August, 2023
W.P.(MD) No.20005 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD) No.20005 of 2023
R.Thilagavathy ... Petitioner
-vs-
1.Tamilnad Mercantile Bank Limited
Sivakasi Branch
16, 17, Gnanagiri Road
Palaniandavarpuram Colony
Sivakasi-626 189
Virudhunagar District
represented by the Branch Manager
2.The Sub Registrar
Sivakasi Sub Registrar Office
Sivakasi, Virudhunagar District
3.The Debts Recovery Tribunal
Madurai
4.Yennarkay R.Rajarathinam
5.Yennarkay R.Chiranjeevi Rathnam
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W.P.(MD) No.20005 of 2023
6.Yennarkay R.Selvarathinam ... Respondents
[R4 to R6 are impleaded vide order
dated 24.08.2023 passed in W.M.P.
(MD) No.17058 of 2023]
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus directing the first respondent to accord his consent in
registering the partition deed as per the memorandum of understanding dated
12.07.2023 made between family members of the petitioner with regard to the
property in Town Survey No.6, Ward-G, Block-18, Thattumettu Street-1,
Sattur Road, Sivakasi Town, to the extent of 57 ½ Cents, which is more fully
described in the memorandum of understanding.
For Petitioner : Mr.K.K.Kannan
For Respondents : Mr.N.Dilip Kumar
Standing Counsel for R1
Mr.D.Sachi Kumar
Additional Government Pleader for R2
R3 – Tribunal
Mr.M.Sakthi Udhaya Anand for R4 & R6
Mr.R.Guru Chakkravarthy for R5
ORDER
[Order of the Court was made by S.S.SUNDAR, J.]
Mr.N.Dilip Kumar, learned Standing Counsel, takes notice for the
first respondent, Mr.D.Sachi Kumar, learned Additional Government Pleader,
takes notice for the second respondent, Mr.M.Sakthi Udhaya Anand, learned
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W.P.(MD) No.20005 of 2023
counsel, takes notice for the respondents 4 & 6 and Mr.R.Guru
Chakkravarthy, learned counsel, takes notice for the fifth respondent.
2. Since the third respondent / Debts Recovery Tribunal is a
formal party, notice to them is dispensed with.
3. With the consent of both sides, this writ petition is taken up for
final hearing at the admission stage itself.
4. This writ petition is filed for issuance of a writ of mandamus
directing the first respondent to accord his consent for registering the partition
deed as per the memorandum of understanding dated 12.07.2023 made
between the family members of the petitioner with regard to the property in
Town Survey No.6, Ward-G, Block-18, Thattumettu Street-1, Sattur Road,
Sivakasi Town, measuring an extent of 57 ½ Cents.
5. The fifth respondent borrowed loan from the respondent – Bank
and since he defaulted in repayment of the loan, the respondent – Bank
initiated recovery proceedings by filing O.A.No.441 of 2021 before the third
respondent / Debts Recovery Tribunal, Madurai, for recovery of
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W.P.(MD) No.20005 of 2023
Rs.9,27,51,153.91, and during the pendency of the said original application,
on the interlocutory application in I.A.No.1062 of 2021 filed by the respondent
– Bank, an order of attachment before Judgment was passed as against the
1/4th undivided share fifth respondent in the mortgaged property.
6. Now, according to the petitioner / mother of the fifth
respondent, when the family members of the petitioner try to partition the
ancestral property, in view of the order of attachment, they are unable to
register the partition. As per the partition as effected among the family
members with mutual consent, the fifth respondent has right only in the share
allotted to him. Therefore, the petitioner requests this Court that the
attachment order dated 03.02.2023 passed in I.A.No.1062 of 2021 in O.A.No.
441 of 2021, by the third respondent / Debts Recovery Tribunal, Madurai, can
be confined only to the share allotted to the fifth respondent in the partition so
that the shares of the other family members will not be covered by the said
order of attachment.
7. This Court finds that the above request of the petitioner
appears to be genuine and for considering the same, the other shareholders,
namely, the newly impleaded respondents 4 to 6 as well as Mr.G.Senthil
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W.P.(MD) No.20005 of 2023
Kumar, Chief Manager, Tamilnadu Mercantile Bank, Sivakasi Main Branch,
who is also present before this Court, have no objection.
8. In view of the same, it is clarified that the order of attachment
dated 03.02.2023 in I.A.No.1062 of 2021 in O.A.No.441 of 2021, passed by the
third respondent / Debts Recovery Tribunal, Madurai, is confined only to the
extent allotted to the fifth respondent, which is mentioned in the sketch
annexed to the affidavit dated 21.08.2023 filed by the fifth respondent –
Yennarkay R.Chiranjeevi Rathnam. The second respondent is directed to
register the memorandum of understanding dated 12.07.2023 made between
the family members of the petitioner, said to have been presented for
registration.
9. With the above clarification and direction, this writ petition is
disposed of. No costs.
[S.S.S.R., J.] [D.B.C., J.]
24.08.2023
(2/2)
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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W.P.(MD) No.20005 of 2023
To:
The Sub Registrar,
Sivakasi Sub Registrar Office,
Sivakasi, Virudhunagar District.
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W.P.(MD) No.20005 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
krk
W.P.(MD) No.20005 of 2023
24.08.2023
(2/2)
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