N.Ganesan v. R.Shanmugasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.No.50186 of 2025 N. Ganesan ..

Petitioner Vs.

1. R.Shanmugasundaram

2. The Canara Bank Represented by its Branch Manager Salem Fort Main Branch Salem .

3. M/s. ALA Apparel Represented by its Partners Tirupur No. 12, Surya Garden Chandrapuram, Pudur Pirivu Dharapuram Road Tirupur 641 604.

4. S.Thenmozhi

5. Jeevitha Prabhakaran

6. R.Rajesh Kannan

7. S. Senthilraj

8. M/s. Naina Agro Venture Represented by its Partners D. No.2/2, Attur Main Road Masinaickenpatti Ayothiyapattinam Salem 636 103.

9. Santhosh Kumar, 10.Radhakrishnan @ Udhay, 11.The Sub Registrar Suramangalam Subramaniam Nagar Ammapalayam Main Road Suramangalam Salem- 636 302.

12.Muthulakshmi ..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus to direct the respondent 1, 2 & 12 from taking any action based on the letter issued by the 12th respondent/advocate commissioner dated 13.11.2025 calling upon the petitioner to vacate and handing over the vacant possession of the petitioner's property morefully described in the schedule hereunder by 18.11.2025 or immediately thereafter.

For Petitioner :

Mr.Ravi Raja B For Respondents :

Mr.R.Sreedhar for Respondent-2

Mr.K.Karthik Jagannath Government Advocate for Respondent-11

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petitioner seeks a direction against the implementation of the order passed by the Chief Judicial Magistrate, in compliance of which, a letter has been issued to petitioner by Advocate Commissioner on 13.11.2025.

2. Petitioner's remedy lies only before the Debts Recovery Tribunal either in the matter of challenge to possession order or to seek appropriate relief in the pending suit filed by bank. It is stated that petitioner has also filed a suit.

3. Petition is misconceived and therefore, it is dismissed, leaving all the remedies open to petitioner in the matter of challenge to possession order passed by the Chief Judicial

Magistrate, in the pending suit. There shall be no order as to costs. Consequently, the interim application is also dismissed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 21.11.2025 Index :

Yes/No Yes/No kpl To

1. The Canara Bank Represented by its Branch Manager Salem Fort Main Branch Salem .

2. The Sub Registrar Suramangalam Subramaniam Nagar Ammapalayam Main Road Suramangalam Salem- 636 302.

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

(kpl) 21.11.2025