Dr.K.Rayar v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Dr.K.R.Rayar .. Petitioner-in- Person vs 1.The Chairman, I.O.B., Central Office, Indian Overseas Bank, No.763, Anna Salai, Chennai-600 002.
2.The General Manager, Central Office, Indian Overseas Bank, No.763, Anna Salai, Chennai-600 002.
3.The Chief Regional Manager, Indian Overseas Bank, Regional Office, Five Roads, Salem District-636 004.
4.The Branch Manager, Indian Overseas Bank, Villupuram Branch, No.719, Sri Santhinathan House, Nehruji Road, Villupuram District-605 602.
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records in respect of judgment and decree dated 29.8.2022 in SC.2/2019 on the file of the Principal District Munsif at Villupuram respectively and quash the same.
For the Petitioner : Dr.K.Rayar Petitioner-in-Person
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Dr.K.Rayar, the petitioner, appearing in person.
2. The petitioner, appearing in person, is challenging the judgment and decree passed by the Principal District Munsif, Villupuram, dated 29.8.2022 in S.C.No.2 of 2019. According to him, though the defendants in the said suit are set ex parte, the Court has dismissed the suit.
3. As against the judgment and decree passed by the Principal District Munsif, Villupuram, a remedy is provided under the Code of
Civil Procedure, 1908. The said remedy is required to be availed by the petitioner to challenge the judgment and decree of the Principal District Munsif Court, Villupuram and not the writ jurisdiction under Article 226 of the Constitution of India.
4. Even the writ petition, it appears, is filed after the prescribed period of limitation.
5. The petitioner may avail the remedy as may be permissible under law against the judgment and decree dated 29.8.2022 passed in S.C.No.2 of 2019. The limitation period will also operate.
6. With these observations, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.2919 and 2920 of 2024 is closed.
(S.V.G., CJ.) (D.B.C., J.) 07.02.2024 Index :
Yes/No :
Yes/No bbr
To 1.The Chairman, I.O.B., Central Office, Indian Overseas Bank, No.763, Anna Salai, Chennai-600 002.
2.The General Manager, Central Office, Indian Overseas Bank, No.763, Anna Salai, Chennai-600 002.
3.The Chief Regional Manager, Indian Overseas Bank, Regional Office, Five Roads, Salem District-636 004.
4.The Branch Manager, Indian Overseas Bank, Villupuram Branch, No.719, Sri Santhinathan House, Nehruji Road, Villupuram District-605 602.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 07.02.2024