N.Abdul Samad v. The District Magistrate And District Collector

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 and WMP No.22171 of 2023 N.Abdul Samad ... Petitioner -vs1. The District Magistrate and District Collector, Collectorate, Kancheepuram 631 501.

2. Encore Asset Reconstruction Company Pvt. Ltd., Rep. by its Authorised Officer, 5th Floor, Plot No.137, Sector-44, Gurugram 122002.

3. Karur Vysya Bank, Rep. by its Authorized Officer, Asset Recovery Branch, No.1, Padmavathiyar Road, 2nd Floor, (Off. Peters Road), Gopalapuram, Chennai 600 086.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records in the proceedings in Ref.No.Rc.16060/2017/M3 dated 29.11.2019 issued by the 1st respondent/District Magistrate and District Collector, Kancheepuram and quash the same.

For the Petitioner :

Mr.G.Vairavasubramanian * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.G.Vairavasubramanian, learned counsel for the petitioner.

2. The petitioner is challenging the notice under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In fact, the order sought to be assailed is of the year 2019.

3. The notice under Section 14 of the Act can be assailed before the Debts Recovery Tribunal. We are not inclined to entertain the writ petition. In case the petitioner has the remedy open, the petitioner may avail the alternate remedy as may be permissible under law.

The writ petition as such is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. (S.V.G., CJ.) (P.D.A., J.) 02.08.2023 Index : Yes/No : Yes/No sra To

1. The District Magistrate and District Collector, Collectorate, Kancheepuram 631 501.

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

(sra) 02.08.2023