R.Gokulakannan v. The Authorised Officer And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Gokulakannan : Petitioner versus The Authorised Officer and Vice President Shirram Finance Limited, 3rd Floor, No.145, Santhome High road, Mylapore, Chennai. 4 : Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records and quash the impugned possession notice dated 07.03.2023 issued by the respondent in respect of loan Nos.CUDL1TF1707270014 and CUDL1TF1712300001.

For the Petitioner :

Mr.R.Gururaj For the Respondent :

Mr.R.Umashankar

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Gururaj, learned counsel for the petitioner and Mr.R.Umashankar, learned counsel for the respondent.

2. It is submitted that the land in question is an agricultural land and as such, the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 could not have been invoked.

3. Learned counsel for the respondent refers to the schedule of properties wherein RCC building exists and a rice mill is operating.

4. Disputed questions of fact would emerge in the matter. In light of that, we are not inclined to exercise our writ jurisdiction. The petitioner may avail the alternate remedy as may be permissible under law.

5. The writ petition disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 02.08.2023 Index : Yes/No : Yes/No tar To The Authorised Officer and Vice President Shirram Finance Limited, 3rd Floor, No.145, Santhome High road, Mylapore, Chennai. 4

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 02.08.2023