IN THE HIGH COURT OF JUDICATURE AT MADRAS

MADURAI BENCH
(Special Original Jurisdiction)
W.P (MD) No. of 2023
S.Balakrishnan
S/o Subramanian ------------------- Petitioner
--- Vs ----
1.Authorized Officer
Canara Bank
Moolakaraipatti Branch
Tirunelveli – 627 355 & others --------- Respondents
WRIT PETITION AND PAPER BOOK
Sl.No Date Particulars Page No
1 Synopsis
2 Dates and Events
3 Court Fees
4 Coding Sheet
5 Writ Petition
6 Petition for Direction
7 Petition for Injunction
8 Common Affidavit

9 Typed set of Papers

10 19/04/2017 Copy of Loan Sanction order issued by
the 1st Respondent
11 Account Statement
12 28/04/2023 Copy of Sale Notice issued by the 1 st
Respondent
13 01/06/2023 Legal Notice issued by the Petitioner to
the Respondents, SRO, DRO & IG of TN
Regn. Dept.
14 16/06/2023 Requisition letter sent by the Petitioner
to Respondents for Auction Purchaser’s
Name and Address details.
15 Vakkalat
16 Batta
Certified that the above all documents are true copies of the originals
Dated at Madurai on this 4th day of July, 2023.

COUNSEL FOR PETITIONER

 IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
(Special Original Jurisdiction)
W.P (MD) No. of 2023
S.Balakrishnan
S/o Subramanian
------------------- Petitioner
--- Vs ----
1.Authorized Officer
Canara Bank
Moolakaraipatti Branch
Tirunelveli – 627 355 & others --------- Respondents
SYNOPSIS/DATES AND EVENTS
1. It is respectfully submitted that the petitioner is filing this present
writ petition before this Hon’ble Court seeking for the relief of
WRIT OF MANDAMUS forbearing the respondents from in any
manner proceeding with the Sale of Secured Assets of the
petitioner which are hypothecated with the 1 st respondent bank
on the basis of sale notice issued by the 1 st respondent vide
proceedings in Ref: SN/Balakrishnan/MSME/0965768000466
dated 28/04/2023.

2. It is submitted that the petitioner have availed a loan from the 1 st

respondent bank under TERM LOAN facility vide Account No.
0965768000466 and availed a loan amount of Rs. 7 50 000/=
(Seven Lakhs Fifty Thousand) on 19/04/2017 and at the time of
availing the said loans we have deposited our title deeds of above
said immovable property worth Rs. 40 00 000/=

3. After availing the said loan, the petitioner have been regularly
repaying the usual installments as per the loan terms and
conditions. While so, the 1st respondent issued a Demand Notice.
After receipt of the said Demand Notice, the petitioner orally
requested the 1st respondent to grant some time to repay the said
amount. Without considering the same, the 1 st respondent
proceeded further by issuing Possession Notice under Section.13
(4) of SARFAESI Act.
4. It is submitted that during such time there is sudden outbreak of
COVID 19 Pandemic and there was National Lock Down
restrictions under the Disaster Management Act and hence the
petitioner could not do any business during such time and did not
able to mobilize and amount to clear the above loan. So again the
petitioner approached the 1st respondent and explained all the
sudden financial crises faced by him and requested to grant some
time settling the dues. But without adverting to my requests, the
1st respondent issued Sale Notice dated on 28/04/2023 whereby
fixed that he would conduct E-Auction sale of my secured assets
on 31/05/2023 and indicated the reserve price much lower than
the market price.

5. Aggrieved by this the petitioner met with Mrs . Farida, General

Manager at Regional Office, Tirunelveli on 26/05/2023 and
discussed for OTS. According to the oral agreement reached
during the negotiations, it was decided that 1.5 Lakhs should be
paid by 30/05/2023 and the remaining 4 Lakhs should be paid by
24/06/2023. The petitioner have tried to earn money in various
ways to pay the 1.5 Lakhs rupees owed to the Respondent Bank,
but unfortunately it was not able to get only 1.5 lakh rupees
within 4 days. But the 1 st Respondent refused to receive Rs. 1 Lakh
from the petitioner and the property was sold out on 31/05/2023.

6. It is further submitted that the petitioner had left some of the high
valuable movable properties belonging to him inside the work
spot premises, the Respondents did not return the same to the
petitioner. According to the Section 4 (2A) of the SECURITY
INTEREST (ENFORCEMENT) RULES, 2002 inserted by G.S.R.1046
(E) dated 03/11/2016 (w.e.f. 04/11/2016), THE BORROWER
SHALL BE INTIMATED BY ANOTICE, ENCLOSING THE
PANCHNAMA DRAWN IN APPENDIXI I AND THE INVENTORY
MADE IN APPENDIX II. But as per the rules PANCHNAMA has not
been conducted before two witnesses properly also INVENTORY
has not been done by the Bank. That on 01/06/2023 I sent a legal
notice to the Respondent Banks in which I have requested them to
return my valuable movable properties within 15 days from the
date of receipt of my legal notice. But till now not returned.

7.The Respondent Bank is now taking hectic steps to register the

Sale Certificate of my secured assets without considering my One
 Time Settlement proposals. I am now ready and willing to settle
the entire loan amount by way of OTS. Without considering my
request, the 1st Respondent bank is bent upon to register the Sale
Certificate more fully in collusion with the Auction purchaser for
the illegal enrichment of the Bank Officials. If such registration of
Sale Certificate is allowed the third party rights will be accrued
which would cause severe financial losses to the petitioner. Hence
having no other option having no alternative efficacious remedy
the present writ petition is filed under Article 226 of the
Constitution of India.

DATES AND EVENTS

Sl. Date Particulars
No
1 19/04/2017 Copy of Loan Sanction order issued by the 1 st
Respondent
2 Account Statement
3 28/04/2023 Copy of Sale Notice issued by the 1st Respondent
4 01/06/2023 Legal Notice issued by the Petitioner to the
Respondents, SRO, DRO & IG of TN Regn. Dept.
5 16/06/2023 Requisition letter sent by the Petitioner to
Respondents for Auction Purchaser’s Name and
Address details

Dated at Madurai on this 3rd day of July, 2023.

COUNSEL FOR PETITIONER

 MEMORANDUM OF WRIT PETITION
(field Under Article 226 of Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
(Special Original Jurisdiction)
W.P (MD) No. of 2023
S.Balakrishnan
S/o Subramanian
6/4, Aramaneri
Koonthankulam Post
Tirunelveli – 627 355
------------------- Petitioner
--- Vs ----
1.Authorized Officer
Canara Bank
Moolakaraipatti Branch
Tirunelveli – 627 355.

2.Authorized Officer
CanaraBank
Regional Office
Tirunelveli – 627 007 --------- Respondents
WRIT PETITION
The address for service on the petitioner is that of his Counsel M/s
PARANTHAMAN. P and SELVAKUMAR. K ADVOCATES having their
office at 616, 11th street , Karpagam Nagar, K.Pudhur, Madurai 625 007.

The address for service on the respondents is as stated above.

For the reasons stated in the accompanying affidavit , it is therefore

prayed that this Hon’ble Court may be pleased to issue a Writ, Order or
Direction more particularly in the nature of a WRIT OF MANDAMUS
forbearing the respondents from in any manner proceeding with
registration of Sale Certificate of the Secured Assets of the petitioner
which are hypothecated with the 1st Respondent Bank on the basis of
Sale Notice issued by the 1st Respondent vide proceedings in Ref:
SN/Balakrishnan/MSME/0965768000466 dated 28/04/2023 and pass
such other orders as this Hon’ble Court may deem fit and proper in the
circumstances of the case and thus render justice.
Dated at Madurai on this 4th day of July, 2023.
COUNSEL FOR PETITIONER
 MEMORANDUM OF WRIT MISCELLANEOUS PETITION
(field Under Article 226 of Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
(Special Original Jurisdiction)
W.M.P. (MD) No. of 2023
IN
W.P (MD) No. of 2023
S.Balakrishnan
S/o Subramanian
6/4, Aramaneri
Koonthankulam Post
Tirunelveli – 627 355
------------------- Petitioner
--- Vs ----
1.Authorized Officer
Canara Bank
Moolakaraipatti Branch
Tirunelveli – 627 355.

2.Authorized Officer
CanaraBank
Regional Office
Tirunelveli – 627 007 --------- Respondents

PETITION FOR INTERIM INJUNCTION

For the reasons stated in the accompanying affidavit, it is therefore

prayed that this Hon’ble Court may be pleased to grant an order of
INTERIM INJUNCTION restraining the Respondents from in any manner
registering the Sale Certificate of the secured assets of petitioner’s
property comprised in Survey No. 385/8 situated Koonthankulam village,
Nanguneri Taluk, Tirunelveli District in pursuant to the sale notice dated
28/04/2023 pending disposal of the above writ petition and thus render
justice.
Dated at Madurai on this 3rd day of July, 2023.

COUNSEL FOR PETITIONER

 IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
(Special Original Jurisdiction)
W.P (MD) No. of 2023

S.Balakrishnan
S/o Subramanian
6/4, Aramaneri
Koonthankulam Post
Tirunelveli – 627 355
------------------- Petitioner
--- Vs ----
1.Authorized Officer
Canara Bank
Moolakaraipatti Branch
Tirunelveli – 627 355.

2.Authorized Officer
CanaraBank
Regional Office
Tirunelveli – 627 007 --------- Respondents

AFFIDAVIT OF THE PETITIONER

I, S.Balakrishnan, S/o Subramanian, aged about 50 years residing at 6/4,

Aramaneri, Koonthankulam Post, Tirunelveli – 627 355 and now
temporarily come over to Madurai do hereby solemnly affirm and
sincerely state as follows:

1.I submit that I am the petitioner herein and as such I am well

acquainted with the facts of the case and I am competent to swear this
affidavit. I have not filed any other writ anywhere else on the same
cause of action seeking for the same relief.

2.I respectfully submit that I filed this present writ petition before this
Hon’ble Court seeking for the relief of WRIT OF MANDAMUS forbearing
the respondents from in any manner proceeding with the Sale of

1st Page
No. of corrections: Nil
Secured Assets of the petitioner which are hypothecated with the 1 st
respondent bank on the basis of sale notice issued by the 1 st respondent
vide proceedings in Ref: SN/Balakrishnan/MSME/0965768000466, dated
28/04/2023.

3.I submit that I have availed a loan from the 1 st respondent bank under
TERM LOAN facility vide Account No. 0965768000466 and availed a loan
amount of Rs. 7 50 000/= (Seven Lakhs Fifty Thousand) on 19/04/2017
and at the time of availing the said loans we have deposited our title
deeds of above said immovable property worth Rs. 40 00 000/=

4.After availing the said loan, I have been regularly repaying the usual
installments as per the loan terms and conditions. While so, the 1 st
respondent issued a Demand Notice. After receipt of the said Demand
Notice I orally requested the 1st respondent to grant some time to repay
the said amount. Without considering the same, the 1 st respondent
proceeded further by issuing Possession Notice under Section.13 (4) of
SARFAESI Act.

5.It is submitted that during such time there is sudden outbreak of

COVID 19 Pandemic and there was National Lock Down restrictions
under the Disaster Management Act and hence I could not do any
business during such time and did not able to mobilize and amount to
clear the above loan. So again I approached the 1 st respondent and
explained all the sudden financial crises faced by me and requested to
grant some time settling the dues. But without adverting to my requests,
the 1st respondent issued Sale Notice dated on 28/04/2023 whereby
fixed that he would conduct E-Auction sale of my secured assets on
31/05/2023 and indicated the reserve price much lower than the market
price.

6. Aggrieved by this I met with Mrs . Farida, General Manager at

Regional Office, Tirunelveli on 26/05/2023 and discussed for OTS.
According to the oral agreement reached during the negotiations, it was
decided that 1.5 Lakhs should be paid by me on 30/05/2023 and the
remaining 4 Lakhs should be paid by me on 24/06/2023. That I have

2nd Page
No. of corrections: Nil
tried to earn money in various ways to pay the 1.5 Lakhs rupees owed to
the Respondent Bank, but unfortunately it was not able to get only 1
lakh rupees within 4 days. But the 1 st Respondent refused to receive the
money.

7.It is further submitted that I had left some of the high valuable
movable properties belonging to me inside the work spot premises, the
Respondents did not return the same to me. According to the Section 4
(2A) of the SECURITY INTEREST (ENFORCEMENT) RULES, 2002 inserted
by G.S.R.1046 (E) dated 03/11/2016 (w.e.f. 04/11/2016), THE
BORROWER SHALL BE INTIMATED BY A NOTICE, ENCLOSING THE
PANCHNAMA DRAWN IN APPENDIXI I AND THE INVENTORY MADE IN
APPENDIX II. But as per the rules PANCHNAMA has not been conducted
before two witnesses properly also INVENTORY has not been done by
the Respondent Bank. That on 01/06/2023 I sent a legal notice to the
Respondent Banks in which I have requested them to return my valuable
movable properties within 15 days from the date of receipt of my legal
notice. But till now not returned my high valuable Movable properties to
me.

8.I further submit that the Bank is now taking hectic steps to register the
Sale Certificate of my secured assets without considering my One Time
Settlement proposals. I am now ready and willing to settle the entire
loan amount which was decided by way of OTS. Without considering my
request, the 1st Respondent bank is bent upon to register the Sale
Certificate more fully in collusion with the Auction purchaser for the
illegal enrichment of the Bank Officials. If such registration is allowed the
third party rights will be accrued which would cause severe financial
losses to the petitioner. Further I submit that I have sent a requisition
letter to the Branch Manager to serve me the copies of Demand Notice,
Possession Notice, Account statements, Sale Notice and the Name and
Address details of the Auction Purchaser. But the Branch Manager only
with malafide intention willfully delaying to serve the above requested
copies of Demand Notice, Possession Notice, Auction Purchaser’s details.
Hence having no other equal efficacious and alternate remedy I am filing
this Writ Petition before this Hon’ble Court under Article 226 of the
Constitution of India on the following among other.

3rd Page
No. of corrections: Nil
GROUNDS:
1) That I am ready to pay the outstanding loan amount of Rs. 5.5
Lakhs according to the discussion held with the 2 nd Respondent at
Regional Office Tirunelveli on 26/05/2023 through O T S.
2) As per the discussion held with 2 nd Respondent at Regional Office,
Tirunelveli, I have to pay of Rs. 1.5 Lakhs by 30/05/2023,
remaining Rs. 4 Lakhs by 24/06/2023.
3) It was possible for me to mobilize Rs. One Lakh only. But Both the
respondents refused to receive the amount of Rs. One Lakh.
4) According to the Section 4 (2A) of the SECURITY INTEREST
(ENFORCEMENT) RULES, 2002 inserted by G.S.R.1046 (E) dated
03/11/2016 (w.e.f. 04/11/2016), THE BORROWER SHALL BE
INTIMATED BY A NOTICE, ENCLOSING THE PANCHNAMA DRAWN
IN APPENDIXI I AND THE INVENTORY MADE IN APPENDIX II. But
as per the rules PANCHNAMA has not been conducted before two
witnesses properly also INVENTORY has not been done by the
Respondent Bank.
5) The E-Auction sale held on 31/05/2023 is not sustainable and is
liable to be quashed.
6) The Mortgagor has the right to redeem the mortgage deed and all
documents relating to the mortgaged property.
7) Registration of Sale Certificate in favor of the Auction Purchaser is
not sustainable and is liable to be quashed.

9)I have not filed any similar Writ Petition for similar relief before
principal seat at Madras.

It is therefore prayed that this Hon’ble Court may be pleased to issue a

Writ, Order or Direction more particularly in the nature of a WRIT OF
MANDAMUS forbearing the respondents from in any manner
proceeding with registration of Sale Certificate of the Secured Assets of
the petitioner which are hypothecated with the 1 st Respondent Bank on
the basis of Sale Notice issued by the 1 st Respondent vide proceedings in
Ref: SN/Balakrishnan/MSME/0965768000466 dated 28/04/2023 and
pass such other orders as this Hon’ble Court may deem fit and proper in
the circumstances of the case and thus render justice.

4th Page
No. Of Corrections: Nil
For the reasons stated in the accompanying affidavit, it is therefore
prayed that this Hon’ble Court may be pleased to grant an order of
DIRECTION by directing the Respondents to accept the outstanding loan
amount of Rs. 5,50,000/= from the petitioner through OTS which is
finalized by the 2nd Respondent on 26/05/2023 at Regional Office,
Tirunelveli and directing the Respondents to handover the immovable
properties to the petitioner which was mortgaged by the petitioner with
the Respondents Bank and also not to register the Sale Certificate for
the E-Auction sale held on 31/05/2023 and thus render justice.

It is therefore prayed that this Hon’ble Court may be pleased to grant an

order of INTERIM INJUNCTION restraining the Respondents form in any
manner registering the Sale Certificate of the secured assets of
petitioner’s property comprised in Survey No. 385/8 situated at
Koonthankulam village, Nanguneri Taluk, Tirunelveli District in pursuant
to the Sale Notice dated 28/04/2023 pending disposal of the above Writ
Petition and thus render justice

Dated at Madurai on this 4th day of July, 2023.

Solemnly affirmed at Madurai

On this 4th day of July, 2023
And signed his name in my
Presence having understood
The contents in TAMIL PETITIONER

5th and last Page

BEFORE ME
No. of corrections: Nil

ADVOCATE

DISTRICT: TIRUNELVELI
 HIGH COURT: MADRAS
MADURAI BENCH

W.P. (MD) No. of 2023

WRIT PETITION

M/s PARANTHAMAN. P
MS 1083/1990

SELVAKUMAR. K
MS 1582/2008

COUNSEL FOR PETITIONER

CELL: 98651 22579

DISTRICT: TIRUNELVELI
 HIGH COURT: MADRAS
MADURAI BENCH

W.M.P. (MD) No. of 2023

IN

W.P. (MD) No. of 2023

PETITION FOR INJUNCTION

M/s PARANTHAMAN. P
MS 1083/1990

SELVAKUMAR. K
MS 1582/2008

COUNSEL FOR PETITIONER

CELL: 986511 22579

DISTRICT: TIRUNELVELI
 HIGH COURT: MADRAS
MADURAI BENCH

W.P. (MD) No. of 2023

AFFIDAVIT OF THE PETITIONER

M/s PARANTHAMAN. P
MS 1083/1990

SELVAKUMAR. K
MS 1582/2008

COUNSEL FOR PETITIONER

CELL: 98651 22579
 DISTRICT: TIRUNELVELI

HIGH COURT: MADRAS

MADURAI BENCH

W.P. (MD) No. of 2023

TYPED SET OF PAPERS

M/s PARANTHAMAN. P
MS 1083/1990

SELVAKUMAR. K
MS 1582/2008

COUNSEL FOR PETITIONER

CELL: 98651 22579

DISTRICT: TIRUNELVELI
 HIGH COURT: MADRAS
MADURAI BENCH

W.P. (MD) No. of 2023

BATTA

M/s PARANTHAMAN. P
MS 1083/1990

SELVAKUMAR. K
MS 1582/2008

COUNSEL FOR PETITIONER

CELL: 98651 22579

MEMORANDUM OF WRIT MISCELLANEOUS PETITION

 (field Under Article 226 of Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
(Special Original Jurisdiction)
W.M.P. (MD) No. of 2023
IN
W.P (MD) No. of 2023
S.Balakrishnan
S/o Subramanian
6/4, Aramaneri
Koonthankulam Post
Tirunelveli – 627 355
------------------- Petitioner
--- Vs ----
1.Authorized Officer
Canara Bank
Moolakaraipatti Branch
Tirunelveli – 627 355.

2.Authorized Officer
CanaraBank
Regional Office
Tirunelveli – 627 007 --------- Respondents

PETITION FOR DIRECTION

For the reasons stated in the accompanying affidavit, it is therefore
prayed that this Hon’ble Court may be pleased to grant an order of
DIRECTION by directing the Respondents to accept the outstanding loan
amount of Rs. 5,50,000/= from the petitioner through OTS which is
finalized by the 2nd Respondent on 26/05/2023 at Regional Office,
Tirunelveli and directing the Respondents to handover the immovable
properties to the petitioner which were mortgaged by the petitioner
with the Respondents Bank and also not to register the Sale Certificate
for the E-Auction sale held on 31/05/2023 and thus render justice.

Dated at Madurai on this 4th day of July, 2023.

COUNSEL FOR PETITIONER

DISTRICT: TIRUNELVELI
 HIGH COURT: MADRAS
MADURAI BENCH

W.M.P. (MD) No. of 2023

IN

W.P. (MD) No. of 2023

PETITION FOR DIRECTION

M/s PARANTHAMAN. P
MS 1083/1990

SELVAKUMAR. K
MS 1582/2008

COUNSEL FOR PETITIONER

CELL: 98651 22579

IN THE HIGH COURT OF JUDICATURE AT MADRAS

 MADURAI BENCH
(Special Original Jurisdiction)

W.P (MD) No. of 2023

Rs. 60/=

1.Authorized Officer
Canara Bank
Moolakaraipatti Branch
Tirunelveli – 627 355.

2.Authorized Officer
CanaraBank
Regional Office
Tirunelveli – 627 007 --------- Respondents

Dated at Madurai on this 3rd day of July, 2023.

COUNSEL FOR PETITIONER

DISTRICT: TIRUNELVELI
 HIGH COURT: MADRAS
MADURAI BENCH

W.P. (MD) No. of 2023

SYNOPSIS

M/s PARANTHAMAN. P
MS 1083/1990

SELVAKUMAR. K
MS 1582/2008

COUNSEL FOR PETITIONER

CELL: 98651 22579

DESCRIPTION OF PROPERTY
Item No: 1
All the part and parcel of the property and building situated at
Tirunelveli District, Tirunelveli Registration District, Nanguneri Taluk,
Koonthankulam village, Aramaneri Kudieruppu, Door No: 5/5/4, Sy no
385/8 (North Half Portion), Sy No 385/8 (South Half Portion), measuring
4791.60 Sq,ft with Building GF 1013.14 Sq.ft and FF 329.75 Sq.ft the
schedule is bounded by
North Half Portion:
North: East to West street
South: Vaccant land of Nambi narayanan Reddiyar
East: Vaccant land of Guruvaiah Reddiyar Vagaiyara
West: Vaccant land and house property of pitchammal vagaiyara

South Half Portion:

North: Vaccant land of pitchammal vagaiyara
South: Land in S.No 384
East: House site of Janaki ammal
West: House property of Balakrishnan

Item No.2
All the part and parcel of machineries located at Aramaneri Kaspa,
Opposite street of Aramaneri bus stop, Koonthankulam Post,
Munanjipatti.

1.SM 860- Hydroculic concrete block machine (3+1.5+0.5=5HP Motor)

2. SMU860- Hollow Mould 4,6,8 bricks
3. SMUS860-Solid Mould 4,6,8 bricks
4. Mix-02-1Bag Mixer Machine
5. SMY – Trolly
6. SMY-02-SHIFTING Trolly

Petitioner