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Madras High CourtWP/10783/2017dismissed

Dinesh v. The Authorised Officer

2017-04-27Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr Justice Huluvadi G. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.4.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.10783 of 2017 and W.M.P.No.11733 of 2017 Dinesh ... Petitioner

Versus

1. The Authorised Officer, Indian Bank, R.S.Puram Branch, Coimbatore 641 002.

2. The Presiding Officer, Debt Recovery Tribunal Coimbatore.

3. The District Magistrate, District Collectorate Coimbatore.

4. Mr.K.R.Sivadhesikan, Proprietor, M/s.K.R.S.Jewellers , 1048-1049 Ground Floor , Shop No.1, Big Bazaar Street, Coimbatore 641 001.

5. Mrs.K.R.S.Prema ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records relating to S.A. (SR)No.961/2017 on the file of 2nd respondent dated 14.2.2017 to quash the same and consequently direct the 2nd respondent to number the above S.A.(SR) No.961/2017 and proceed further. For petitioner : Mr.C.Deivasigamani https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the court was made by HULUVADI G.RAMESH,J.) Heard the learned counsel appearing for the petitioner for some time.

2. The writ petition has been filed seeking issuance of a writ of certiorarified mandamus calling for the records relating to S.A.(SR)No.961/2017 on the file of 2nd respondent dated 14.2.2017 to quash the same and consequently direct the 2nd respondent to number the above S.A.(SR) No.961/2017 and proceed further.

3. It appears that the petitioner is a tenant in respect of the property in question and his main grievance is that he should not be vacated from the property in question without following the due process of law. For the relief sought for by the petitioner, there is an efficacious alternative remedy before the Civil Court. Therefore, the writ petition is dismissed. No costs. The connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssk.

To:

1. The Authorised Officer, Indian Bank, R.S.Puram Branch, Coimbatore 641 002.

2. The Presiding Officer, Debt Recovery Tribunal Coimbatore.

3. The District Magistrate, District Collectorate Coimbatore.

+1cc to Mr.C.Deivasigamani, Advocate, S.R.No.26082 W.P.No.10783 of 2017 KK(CO) CS/20/06/17 https://hcservices.ecourts.gov.in/hcservices/