K. Shanthi v. The District Magistrate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN K. Shanthi D/o.Krishnan Nair Proprietrix of Shanthi Clinical Lab X Ray Centre & ECG Lab Shop Nos.2 and 6 & 5 in 1st Floor Portion, Door No. 84/96A, Commercial Complex Big Street, Thiruvannamalai 606 601 Petitioner Vs 1.The District Magistrate & Collector Tiruvannamalai District 2.The Authorized Officer & The Deputy General Manager State Bank of India Stressed Assets Management Branch Red Cross Building No.32, Red Cross Road, Egmore, Chennai 600 008

3.Gandhi 4.Senthil S/o.Gandhi Respondents 3 & 4 are at Senthil PVC Pipe Gandhi Nagar, 10th Cross Street Tiruvannamalai 600 601 5.Arumugam S/o.Krishnaswamy Mudhaliar No.25, Thiruneelagandar Street, Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1, 3 and 4 not to harass or evict the petitioner by illegal means and also direct the respondents to give the petitioner an opportunity to contest the eviction proceedings.

For Petitioner:

Mr.M.Arunan for Mrs.S.Suseela Devi For Respondents:

Mr.K.Kumaran Government Pleader for R1

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition filed under Article 226 of the Constitution of India seeks a direction to respondents 1, 3 and 4 not to harass or evict the petitioner by illegal means and also to direct the respondents to give an opportunity to the petitioner to contest the eviction proceedings.

2. Admittedly, order under Section 14 of the SARFAESI Act has already been passed, which was also put to challenge before the jurisdictional Debts Recovery Tribunal and the Tribunal has dismissed the same.

3. The main grievance of the petitioner is not to harass or evict her by illegal means. When the respondent bank had obtained order under Section 14 of the SARFAESI Act and the challenge to the same was also rejected, the prayer, as sought by the petitioner in this writ petition, cannot be acceded to exercising jurisdiction under Article 226 of the Constitution of India. Therefore, the writ petition is not maintainable.

4. Accordingly, the writ petition is dismissed. There shall be no order as to costs.

(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 16.06.2026 Index :

Yes/No :

Yes/No bbr

To:

1.The District Magistrate & Collector Tiruvannamalai District 2.The Authorized Officer and The Deputy General Manager State Bank of India Stressed Assets Management Branch Red Cross Building No.32, Red Cross Road, Egmore, Chennai 600 008

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.

bbr 16.06.2026