V.Elumalai v. The Authorised Officer / Branch Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Elumalai ...

Petitioner versus 1 The Authorised Officer/Branch Manager Canara Bank (Formerly Syndicate Bank) No.113 Thiruvalluvar Salai, Kamaraj Nagar, Thiruvanmiyur, Chennai- 600 041.

2 Syndicate Bank Rep by Authorised Officer Atcharao Puramsetty Kodambakkam Branch, Chitra Towers, No.332/2 Arcot Road, Ganga Nagar, Kodambakkam, Chennai- 600 024.

...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records comprised in the proceedings passed by the Special Magistrate/Chief Judicial Magistrate Court, Chengalpattu, dated 15.6.2022, in C.M.P. No.2162 of 2022 and quash the same.

For the Petitioner :

Mr.T.T.Ravichandran

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking a writ of certiorari calling for the records comprised in the proceedings passed by the Special Magistrate/Chief Judicial Magistrate Court, Chengalpattu, dated 15.6.2022, in C.M.P. No.2162 of 2022 and quash the same.

2. On a perusal of the affidavit filed in support of the writ petition, we are able to find that the petitioner has totally availed financial assistance of Rs.19,59,127.98 from the respondent bank. However, the learned counsel for the petitioner is not able to answer even the basic queries of this Court like what is the monthly installment that the petitioner is paying. Even otherwise, this Court is not inclined to entertain the writ petition as the petitioner has got an efficacious, alternative, statutory remedy.

3. This writ petition is dismissed, with liberty to the petitioner to workout his remedy before the appropriate forum in the manner known to law.

4. There will be no order as to costs. Consequently, WMP Nos.3939, 3941 and 3942 of 2023 are closed.

(T.R., ACJ.) (D.B.C., J.) 10.02.2023 Index : Yes/No : Yes/No tar To 1 The Authorised Officer/Branch Manager Canara Bank (Formerly Syndicate Bank) No.113 Thiruvalluvar Salai, Kamaraj Nagar, Thiruvanmiyur, Chennai- 600 041.

2 Syndicate Bank Rep by Authorised Officer Atcharao Puramsetty Kodambakkam Branch, Chitra Towers, No.332/2 Arcot Road, Ganga Nagar, Kodambakkam, Chennai- 600 024.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 10.02.2023