W.P. No.33830 of 2012 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.04.2025 CORAM : THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP No.33830 of 2012 Padmavathy W/o.Late.R.Vadivelu, Old No.5, New No.7, Ganesh Nagar, Anna Nagar, Cuddalore - 607 001, Cuddalore Taluk, Cuddalore District Petitioner(s) Vs 1. The Authorized Officer Indian Bank, Circle Office, No.55, Ethiraj Salai, Egmore, Chennai – 600 008. 2. The Authorized Officer, Indian Bank, ARM Branch, 4th Floor, Liberty Plaza, Himayat Nagar, Hyderabad – 500029. __________ https://www.mhc.tn.gov.in/judis W.P. No.33830 of 2012 3. Hemalatha Ranganathan Rep. By Power of Attorney Agent Ranga Subramanian, No.7, Old No.3, M.G.Ramachandran Road, Kalakshetra Colony, Besant Nagar, Chennai – 600 090. 4. R.Pavithra W/o.Ram Anand, 24316, White Oak Drive, Plain Field, Illinois 60544, United States Of America. 5. Aparna Hemant W/o.Hemant Jayaraman, 1203, Arbar Park Drive, Allen TX 75013, United States of America 6. Anitha D/o.Sundar, 1203, Arbar Park Drive, Allen TX 75013, United States of America 7. Sundar, S/o.P.S.Subramanian, 2-2-647/125 C.E.Colony Bagh, Ambarpet, Hyderabad-13 Respondent(s) Prayer: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus call for the records and quash the communication dated 26.9.2012 sent by 1 st respondent cancelling the auction held on 7.1.2011 in respect of the property bearing old No.3, New No.7, M.G.Ramachandran Road, Kalakshetra Colony, Besant Nagar, Chennai - 600 090 and consequently forbearing respondents and their agents from in any manner interfering with petitioner's peaceful possession __________ https://www.mhc.tn.gov.in/judis W.P. No.33830 of 2012 and enjoyment of the property bearing old No.3, New No.7, M.G.Ramachandran Road, Kalakshetra Colony, Besant Nagar, Chennai- 600 090. For Petitioner(s): Mr.V.Raghavachari, Senior Counsel for M/s.R.Gururaj For Respondent(s): Mr.Jayesh B.Dolia, Senior Counsel assisted by Ms.B.Rajeswari for M/s.Aiyar and Doliar for R1 and R2 Mr.A.Arokia Satheesh for Mr.S.Sethuraman for R3 Not ready in notice – R4 to R7 ORDER (Order of the Court was made by the Hon'ble Chief Justice) The basis on which the sale certificate was cancelled can be found in the letter dated 26.9.2012 and it reads as under: “Anent the above, Hon'ble High Court of Madras in WP No.13091 of 2012 in order dated 13.08.2012 – cancelled the auction held on 07.01.2011 in respect of the above property and therefore sale effect in your favour stands cancelled. Regarding refund of the amount, we shall communicate to you.” 2. Since the order dated 13.8.2012 itself is recalled vide order dated 16.4.2025 passed in WMP No.4096 of 2016 in WP No.13091 of 2012, the __________ https://www.mhc.tn.gov.in/judis W.P. No.33830 of 2012 cancellation of sale also stands set aside. 3. Shri Satheesh states that the sale certificate mentions about 400 sq.ft. extra. 4. As noted in the order dated 16.4.2025 passed in W.P.No.19631 of 2012, whether third respondent has a right on this 400 sq.ft. or whether the 400 sq.ft. was legally constructed are all disputed questions of fact, which third respondent may agitate in the appropriate forum. We express no opinion. In view thereof, the petition stands disposed of. There shall be no order as to costs. (K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 16.04.2025 Index : Yes/No (3/3) Neutral Citation : Yes/No sasi To: __________ https://www.mhc.tn.gov.in/judis W.P. No.33830 of 2012 1. The Authorized Officer Indian Bank, Circle Office, No.55, Ethiraj Salai, Egmore, Chennai – 600 008. 2. The Authorized Officer, Indian Bank, ARM Branch, 4th Floor, Liberty Plaza, Himayat Nagar, Hyderabad – 500029. __________ https://www.mhc.tn.gov.in/judis W.P. No.33830 of 2012 THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ, J. (sasi) WP No.33830 of 2012 16.04.2025 (3/3) __________ https://www.mhc.tn.gov.in/judis