Shri.R.Jagadeeswaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2019 CORAM :
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.14326 of 2019 and W.M.P.No.14386 of 2019 Shri.R.Jagadeeswaran .. Petitioner v.
1 The District Collector Tiruppur District, Tiruppur.
2 The Authorized officer Corporation Bank, Industrial Finance Branch, 1604, Trichy Road, Coimbatore-641 018.
3 The Commissioner of Police, Tiruppur City, Tiruppur.
4 The Tahsildar, Tiruppur South Taluk, Tiruppur.
5 The Sub Collector Tiruppur District, Tiruppur. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus, Calling for the records of the 1st respondent herein proceedings in Ref No.18592/2017/C3, dated 16.11.2018 and consequential order passed by the 5th respondent proceedings in Ref. No.242/2019/A1 dated 6.2.2019 is illegal and quash the same and consequential direction directing the 2nd respondent to brought the E-Auction under the SARFAESI Act 2002 in Item No.A is extracted 13(4) Notice of the Spinning Mill property was measuring about 12 acres situated in S.F. Nos.311/1,2,3. 312/1 and 313, Anaipatti Road, Musuvanoothu Village , Nilakottai Taluk, Dindigul District.
For Petitioner : Mr.K.Rajendra Prasad For Respondents: Mr. S.N. Parthasarathy, Government Advocate - for R1 & R3 to R5 Mr.N.Sivabalan - for R2
O R D E R
(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) The above Writ Petition has been filed by the petitioner to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in respect of the order dated 16.11.2018 and the consequential order passed by the 5th respondent dated 6.2.2019 and to quash the same and consequently directing the 2nd respondent to conduct E-Auction under the SARFAESI Act in respect of Item No.A mentioned in section 13(4) Notice belonging to the Spinning Mill measuring an extent of 12 acres in S.F. Nos.311/1,2,3. 312/1 and 313, Anaipatti Road, Musuvanoothu Village , Nilakottai Taluk, Dindigul District.
2. Challenging the order passed by the respondents 1 and 5 under section 14 of the SARFAESI Act, the petitioner, who is the borrower has filed the above Writ Petition.
3. As against the order passed under section 14 of the SARFAESI Act, the petitioner has got alternate remedy available to him under section 17 of the SARFAESI Act.
4. When the matter was listed for hearing, the Division Bench of this Court recorded that only an appeal is maintainable as against the impugned orders. However, in order to given an opportunity to the petitioner to settle the matter, the Writ Petition was kept pending.
5. Admittedly, the petitioner has not made any payment thereafter. In these circumstances, we are not inclined to entertain the Writ Petition for the reason that the petitioner has got remedy of filing an appeal before the Debts Recovery Tribunal under section 17 of the SARFAESI Act. However, it is open to the petitioner to approach the Debts Recovery Tribunal, in accordance with law.
With these observations, the Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar Rj To 1 The District Collector Tiruppur District, Tiruppur.
2 The Authorized officer Corporation Bank, Industrial Finance Branch, 1604, Trichy Road, Coimbatore-641 018.
3 The Commissioner of Police, Tiruppur City, Tiruppur.
4 The Tahsildar, Tiruppur South Taluk, Tiruppur.
5 The Sub Collector Tiruppur District, Tiruppur.
+1cc to Mr.K.Rajendra Prasad, Advocate SR.No.57016 +1cc to Mr.S.Sethuraman, Advocate SR.No.57707 +1cc to Government Pleader SR.No.57311 W.P.No.14326 of 2019 and W.M.P.No.14386 of 2019 RV(CO) GMY(07/08/2019)