TAMIL NADU MERCANTILE BANK Vs. STATE OF TAMIL NADU; ADDITIONAL COMMISSIONER, LAND ADMINISTRATION, GOVT OF TAMIL NADU AND DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) The writ petitioner is a Scheduled Bank licensed by the Reserve Bank of India for doing banking business. In the present case, they are seeking to challenge the order of the District Revenue Officer and the Competent Authority, Kanyakumari District dated 07.03.2005 informing the petitioner/Bank that they cannot proceed with the auctioning of the property of Elvin Bankers, Asaripallam Junction, Kanyakumari, in view of the order of the Government in G.O.Ms. 1028 Home (Courts-IIA) Department, dated 27.10.2003 attaching the said property under Section 3 of the Tamil Nadu Protection of Interest of Depositors (in Financial Establishments) Act, 1997. The Bank was also informed by the Deputy Superintendent of Police (EOW-II), Nagercoil, on 23.02.2005 to stop further proceedings. It is this letter of information which is under challenge.

(2.) The petitioner/Bank also filed a copy of the attachment notice issued by the State Government in G.O.Ms. No. 1028 Home (Courts-IIA) Department, dated 27.10.2003. It is seen from the said order, the properties of the Elvin Bankers, Kanyakumari District, were attached because of their default in return of deposits and the attachment order came to be passed. In the schedule of property enclosed along with the Government Order, the land and building bearing D. No. 12-81A at Vembanoor Village, Kanyakumari District, in Resurvey No. 666/1 (Old Survey No. 862) within the registration Sub-District, Rajakkamanagalam, to an extent of 2.005 cents is also mentioned as item No. 1.

(3.) The writ petition was admitted on 01.04.2005 and no interim order was granted in W.P.M.P. No. 2737 of 2005. In W.P.M.P. No. 2736 of 2005 an interim injunction was granted on 01.04.2005.