M/S.Sri Lakshmi Krishna v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE DR.JUSTICE P. DEVADASS W.P. No.35663 of 2015 and M.P. No.1 of 2015 Sri Lakshmi Krishna Jewellers Private Ltd.

represented by its Managing Director K. Selvam K. Selvam Managing Director Sri Lakshmi Krishna Jewellers Private Ltd.

K. Chandrasekaran Director Sri Lakshmi Krishna Jewellers Private Ltd.

K. Udhayakumar Director Sri Lakshmi Krishna Jewellers Private Ltd.

J. Andal

...Petitioners

vs.

The District Collector-cum-District Magistrate Coimbatore District Collectorate Building Coimbatore 641 018 The Tahsildar Coimbatore South, Coimbatore Karur Vysya Bank Ltd.

represented by Authorised Officer Coimbatore Main Branch No.577 Oppanakara Street Coimbatore 641 001 R. Anantha Padmanabhan Nithyakala Anantha Padmanabhan

...Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the second respondent to hand over / re-deliver property at Door No.737, Big Bazaar Street, Coimbatore.

For petitioners :

Mr. G. Suryanarayanan For RR 1 & 2 :

Mrs. A. Srijayanthi Special Government Pleader

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) This writ petition is filed seeking a direction to the second respondent to hand over/re-delivery the property at Door No.737, Big Bazaar Street, Coimbatore to the petitioners. The case of the petitioners is that notwithstanding the order dated 16 January 2015 rendered by the Debts Recovery Appellate Tribunal in AIR (SA) No.31 of 2015 to maintain status quo, the second respondent, viz., the Tahsildar, Coimbatore South, is disturbing the petitioners' possession of the property in question. Thus, this writ petition for a direction to the second respondent not to disturb the petitioners' possession of the property in question and comply with the order passed by the Debts Recovery Appellate Tribunal.

At the threshold, it is to be noted that the instant writ petition seeks execution of the order passed by the Debts Recovery Appellate Tribunal, which is competent to ensure that its order is complied with. Thus, there is no reason to exercise the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, at this stage.

Accordingly, this writ petition is dismissed as not maintainable, reserving liberty to the petitioners to approach the concerned Debts Recovery Appellate Tribunal, seeking appropriate relief, if so advised. Costs made easy. Connected Miscellaneous Petition is closed.

sd/ ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB-ASSISTANT REGISTRAR cad

To The District Collector-cum-District Magistrate Coimbatore District Collectorate Building Coimbatore 641 018 The Tahsildar Coimbatore South Coimbatore The Authorised Officer Karur Vysya Bank Ltd.

Coimbatore Main Branch No.577 Oppanakara Street +1 CC to MR.G. Suryanarayanan Advocate. SR.NO. 60886 W.P. No.35663 of 2015 AR-II JD 18/11/2015