Monisha v. The Branch Manager (Head Office)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN and WMP Nos.44454 to 44456 and 44459 of 2025

1. Monisha

2. Pavani Shankar .. Petitioners -vs1. The Branch Manager (Head Office), No.16, BSNL Buildings, Aparna Complex, 7th Floor, Near Sankara Nethralaya, College Road, Greams Road, Chennai 600 006.

2. The Authorised Officer, Home Loan Centre Erode (64158), No.113, APT Road, 3rd Floor, CD Building, Mettur Road, Erode 638 003.

3. State Bank of India, Rep. by its Branch Manager, Sathyamangalam Main Brandh, Korattur Road, Near Bus Stand, Sathyamangalam 638 402.

4. N.Venugopal

5. V.Mohanambal .. 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 respect of the E-Auction Sale Notice dated 09.09.2025 issued by the 2nd respondent for the Schedule mentioned property and quash the same. For Petitioners :

M/s.T.Prabakar & S.Sridhar for M/s.Swaminathan Law Associates * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Challenge to the sale notice/auction proceedings at the instance of the petitioners is liable to be repelled for the reason that the petitioners have an alternative remedy of approaching the Debts Recovery Tribunal, which the petitioners have chosen not to. No exceptional circumstances are made out for this Court to exercise discretionary jurisdiction under Article 226 of the Constitution of India, without insisting on exhaustion of alternative remedy.

2. With liberty to approach the Debts Recovery Tribunal, this petition is dismissed. There shall be no order as to costs.

3. W.M.P.No.44454 of 2025 filed by the petitioners seeking to permit them to join and file single writ petition stands allowed, inasmuch as separate court-fee has been paid. The other interim applications are closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 16.10.2025 Index : Yes/No : Yes/No sra To

1. The Branch Manager (Head Office), No.16, BSNL Buildings, Aparna Complex, 7th Floor, Near Sankara Nethralaya, College Road, Greams Road, Chennai 600 006.

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

(sra)

2. The Authorised Officer, Home Loan Centre Erode (64158), No.113, APT Road, 3rd Floor, CD Building, Mettur Road, Erode 638 003.

3. The Branch Manager, Sathyamangalam Main Brandh, Korattur Road, Near Bus Stand, Sathyamangalam 638 402.

16.10.2025