Mrs.M.Kala v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Kala ..

Petitioner Vs.

1. The Tahsildar Egmore, Chennai District.

2. The Revenue Inspector Egmore Firka, Egmore Chennai District.

3. The Authorised Officer M/s.IDFC First Bank Registered Office : KRM Towers No.1, Harrington Road Chetpet, Chennai - 600 031 IFSC Code:IDFB0080102.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records relating to the orders final order passed by the Debt Recovery Tribunal II in T.S.A.No.173 of 2022 dated 28.06.2023 and quash the same.

For the Petitioner : Mr.A.Harivasagam For the Respondents : Mr.T.K.Saravanan Government Advocate for R1 & R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.A.Harivasagam, learned counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate for respondents 1 and 2.

2. Learned counsel for the petitioner submits that the petitioner is ready to settle the amount and also assails the illegality of the order passed by the Debt Recovery Tribunal - II.

3. The petitioner has an alternate remedy of appeal before the Debt Recovery Appellate Tribunal.

4. In light of the alternate remedy available, we are not inclined

to entertain the present petition. Accordingly, the writ petition, as such, stands disposed of with liberty to the petitioner to avail the appeal remedy available. In that event, all contentions of the respective parties are kept open. There will be no order as to costs. Consequently, W.M.P.No.29014 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 11.10.2023 Index :

Yes/No :

Yes/No drm To

1. The Tahsildar Egmore, Chennai District.

2. The Revenue Inspector Egmore Firka, Egmore Chennai District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 11.10.2023