Shanmugam v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2026

CORAM

THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN and WMP No.20975 of 2024 Shanmugam .. Petitioner -vs1.

The Authorized Officer, M/s.REPCO Home Finance Limited, No:33, North Usman Road, T.Nagar, Chennai 600 017.

2.

Ashwin Kumar .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 and 2 not to alienate the writ mentioned property which is an extent of 5259 sq.feet in SF No:331/3A (Old S.F.No.331/3), at Coimbatore registration District Joint II Sub Register District, Coimbatore Taluk, Kumarapalayam Village pending disposal of SA No.22/2024 and SA No.423/2024 on the file of Debt Recovery Tribunal at Coimbatore. For Petitioner :

Mr.P.Murali For Respondents :

Mr.a.Ilangovan * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This petition filed under Article 226 of the Constitution of India seeks for the following relief:

" To issue Writ of Mandamus to direct the respondents 1 and 2 not to alienate the writ mentioned property which is an extent of 5259 sq.feet in SF No:331/3A (Old S.F.No.331/3), at Coimbatore registration District Joint II Sub Register District, Coimbatore Taluk, Kumarapalayam Village pending disposal of SA No.22/2024 and SA No.423/2024 on the file of Debt Recovery Tribunal at Coimbatore."

2. Learned counsel for the petitioner submitted that S.A.No.423 of 2024 has already been disposed of by the Debts Recovery Tribunal, Coimbatore and S.A.No.22 of 2024 is still pending.

3. Learned counsel for the respondent bank pointed out that there was a conditional interim order granted by the Debts Recovery Tribunal in S.A.No.22 of 2024, however, the petitioner failed to comply with the same and therefore, the relief claimed in this petition to issue a direction not to alienate the property in question till pendency of the

SA cannot be granted. He further submitted that the property has already been sold on 30.06.2023 and sale certificate has also been issued in favour of the second respondent.

4. In view of the aforesaid, no relief can be granted in this writ petition. However, the petitioner would be at liberty to approach the Debts Recovery Tribunal, Coimbatore, seeking early disposal of S.A.No.22 of 2024.

This writ petition is, accordingly, disposed of. There shall be no order as to costs. Consequently, the interim application stands closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 24.06.2026 Index : Yes/No : Yes/No sra To 1.

The Authorized Officer, M/s.REPCO Home Finance Limited, No:33, North Usman Road, T.Nagar, Chennai 600 017.

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

(sra) 24.06.2026