N.S.Jamuna Bai v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.Nos.46850 & 46851 of 2025 N.S.Jamuna Bai ..

Petitioner Vs.

1. The District Registrar Central Chennai Royapettah Chennai 600 002.

2. The Manager Indian Bank ARMB-II, Ethiraj Salai Egmore, Chennai 600 008.

3. M/s. Balaji Constructions Rep. By its Proprietor R.Sathi Raju @ R.S.Raju No.10, Lady Madhavan Nair Road Chennai 600 034.

4. The Joint Sub Registrar (District Registrar Cadre) Thousand Lights Chennai 600 006.

..

Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the record of warrant of possession dated 23.06.2025 issued in T.R.C. No.410 of 2023 (DRC No.199 of 2013) in T.A.No.08 of 2007 on the file of the Recovery Officer, Debts Recovery Tribunal III, Chennai and quash the same as illegal, incompetent, ultra vires.

For Petitioner :

Mr.A.V.Arun For Mr.V.Jai Hari Sudhan For Respondents :

Mr.K.Karthik Jagannath Government Advocate for Respondents 1 & 4 Mrs.Rita Chandrasekar For M/s. Aiyar & Dolia for Respondent-2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Challenge to the warrant of possession in another proceedings, through this writ petition, is not maintainable because of petitioner's own showing that she has already filed an appeal aggrieved by the order of Recovery Officer rejecting petitioner's challenge to warrant of possession way back in the year 2020.

2. We fail to understand as to why petitioner, without pressing the appeal, which is pending before the Debts Recovery Tribunal, has rushed to this Court invoking Article 226 of the Constitution of India.

3. Without commenting upon the merits of petition, petition is dismissed. Petitioner may approach the Debts Recovery Tribunal for expeditious hearing of the appeal. There shall be no order as to costs. Consequently, the interim applications are also dismissed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 18.11.2025 Index :

Yes/No Yes/No kpl

To

1. The District Registrar Central Chennai Royapettah Chennai 600 002.

2. The Manager Indian Bank ARMB-II, Ethiraj Salai Egmore, Chennai 600 008.

3. M/s. Balaji Constructions Rep. By its Proprietor R.Sathi Raju @ R.S.Raju No.10, Lady Madhavan Nair Road Chennai 600 034.

4. The Joint Sub Registrar (District Registrar Cadre) Thousand Lights Chennai 600 006.

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

(kpl) 18.11.2025