M. Raju Kannu v. Authorised Officer & Chief Manager
2014-02-14
K.KALYANASUNDARAM, M.JAICHANDREN
body2014
DigiLaw.ai
JUDGMENT M. Jaichandren, J. 1. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus, to direct the first respondent, the Authorised Officer, Andhra Bank, Porur Branch, Mount Poonamallee Road, Chennai, to consider the petitioner's representations, dated 24.10.2013 and 7.11.2013 and to pass appropriate orders thereon. 2. Heard Mr.A.V.Arun, the learned counsel appearing on behalf of the petitioner and Mr.R.Gowthamanarayanan, the learned counsel appearing on behalf of the respondent bank. 3. The learned counsel for the petitioner had submitted that a fraud has been played, in respect of the property sold to the petitioner, in the public auction, held on 2.9.2013. The property described in the Schedule of the Sale Notice, dated 25.7.2013, is not the property sold to the petitioner. In such circumstances, the petitioner had submitted representations to the respondent bank, dated 24.10.2013 and 7.11.2013, for refund of the amount paid by him, after cancellation of the sale certificate issued in his favour, in respect of the property in question. 4. A counter affidavit, dated 11.2.2014, had been filed on behalf of the respondent bank, stating that the Authorised Officer and Chief Manager, Andhra Bank, Chennai, the first respondent herein, does not have the power to consider the representations submitted by the petitioner. Therefore, the cancellation of the sale certificate and the refund of the amount paid by the petitioner, as sale consideration, in respect of the property in question, does not arise. 5. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on perusal of the records available, we are of the considered view that the relief prayed for by the petitioner, in the present writ petition, cannot be granted. If the petitioner is aggrieved in some manner, in respect of the sale of the property in question, by way of the public auction, held on 2.9.2013, it would be open to him to raise the same before the appropriate forum, in the manner known to law. In such view of the matter, we are of the view that the writ petition is liable to be dismissed. Accordingly, the writ petition stands dismissed. No costs.