Madhankumar v. Fedral Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2026

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Madhankumar ... Petitioner -VsFederal Bank, Represented by its Authorised Officer, LCRD Chennai Division, No.27, 5th Floor, Akshaya Shanthi, Opposite to Head Post Office, Anna Salai, Chennai - 600 002.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent not to insist the payment of other loans for execute receipt and hand over all title documents pertained to mention property at Residential Flat bearing No.6G, Patta No.966, which is an extent of 78.520 sq.ft situated at 'VGN COASTA' Muttukadu Village, Thiruporur Taluk (previously Chengalpattu Taluk), Kancheepuram District within the Registration District of Chengalpattu and Sub Registration District of Thiruporur after receive the loan outstanding amount with accrued interest from petitioner and charges for the loan Account No.15217300000281. 1/5

For Petitioner :

Mr.M.Abubakkar

O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for herein is for a writ of mandamus to direct the respondent to hand over all title documents pertained to mention property at Residential Flat bearing No.6G, Patta No.966 to an extent of 78.520 sq.ft situated at 'VGN COASTA' Muttukadu Village, Thiruporur Taluk (previously Chengalpattu Taluk), Kancheepuram District within the Registration District of Chengalpattu and Sub Registration District of Thiruporur after receiving the loan amount with accrued interest from the petitioner and charges for the loan Account No.15217300000281 without insisting the payment of other loans.

2. As against SARFAESI proceedings, i.e., possession notice issued under Section 13(4) dated 07.07.2023, SARFAESI Application in S.A.No.487 of 2023 has been filed by the petitioner before the Debts Recovery Tribunal-III, Chennai which was dismissed on merits by order of the Debts Recovery Tribunal dated 07.10.2025, as against which, instead of preferring an appeal before the Debts Recovery Appellate Tribunal, the petitioner has belatedly moved the present writ petition with the aforesaid prayer.

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3. When there has been SARFAESI proceedings, against which, he already approached the Debts Recovery Tribunal unsuccessfully, if he is advised to do so, he can prefer an appeal before the Debts Recovery Appellate Tribunal by filing SARFAESI Appeal under Section 18 of Securitization and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002. Without preferring such statutory appeal, he cannot invoke extraordinary jurisdiction of this Court under Article 226 of the Constitution of India by filing the present writ petition, hence it is not entertainable one.

4. Accordingly, this Writ Petition is dismissed. However, there shall be no order as to costs.

(R.S.K., J.) (N.S., J.) 10.03.2026 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji 3/5

To

1. The Authorised Officer, Federal Bank, LCRD Chennai Division, No.27, 5th Floor, Akshaya Shanthi, Opposite to Head Post Office, Anna Salai, Chennai - 600 002.

2. The Debts Recovery Tribunal-III, Chennai.

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R.SURESH KUMAR, J.

and N.SENTHILKUMAR, J.

vji 10.03.2026 5/5