Madras High CourtWP/9541/2020dismissed

K.V.Balamurugan v. The Secretary To Government

2020-07-21Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2020

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.9541 of 2020 K.V.Balamurugan S/o.K.Vadivelu ... Petitioner vs

1. The Secretary to Government, Government of Tamilnadu, St.George Fort, Chennai.

2. The Chief General Manager, Reserve Bank of India, Financial Inclusion and Development Department, General Office, 10th Floor, Central Office Building, Shahid Bagat Singh Road, Mumbai-400 001.

3. The Managing Director and CEO Bank of India Star House, C-5, G Block, Bandra Kurla, Complex Bandra (East), Mumbai - 400 051.

4. The General Manager, National Banking Group (South), No.707, 708, 7th Floor Phase-1, Spencer Plaza 769, Anna Salai, Chennai-2.

5. The Zonal Officer, Chennai Zone, Star House, No.30 (Old No.17), Errabalu Street,Chennai - 600 001.

6. The Branch Manager, Tirupattur Branch, 72/13, Vaniyambadi Main Road,

(Opp.) Sacred Heart College, Tirupattur - 635 601.

7. The Branch Manager, Sholinghur Branch,48, Arakkonam Road, Sholinguar Bank of India, Vellore-631102.

8. The Branch Manager, Vellore Branch, No.3/5, New Katpadi Road, Vellore - 632 004.

9. The Chief Manager, Asset Recovery Branch, Star House, First Floor, No.30, Errabalu Street, Chennai-600 001.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the respondents to consider the representation dated 02.07.2020 made by the petitioner to the respondents and pass suitable orders. For Petitioner :Mr.T.I.Ramanathan For Respondents:Mr.R.Govindasamy Special Government Pleader for R1

O R D E R

This matter is taken up for hearing through Video Conferencing mode.

2. The petitioner seeks for a Mandamus to direct the respondent to consider his representation dated 02.07.2020, wherein and whereby, the petitioner has sought for one time settlement of his Bank loans.

3. Perusal of the papers placed before this Court would show that the Bank has already initiated proceedings under the SARFAESI Act for the sale of the property. If that be the case, I am of the view that the present writ petition is not maintainable, as it is for the petitioner to agitate the matter before the concerned Tribunal under the SARFAESI proceedings by make appropriate application.

4. Accordingly, this Writ Petition is dismissed as not maintainable. The dismissal of the writ petition will not stand in the way of the petitioner to agitate his rights before the appropriate forum by appropriate proceedings. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi/mk To 1.The Secretary to Government Government of Tamilnadu St.George Fort, Chennai.