R. Mayilan v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.751 & 752 of 2025 R.Mayilan : Petitioner Vs.

1.The Authorized Officer, City Union Bank Limited, No.24-B, Gandhi Nagar, Kumbakonam - 612 001, Thanjavur District.

2.The Branch Manager, City Union Bank, Thuvakudi, Trichy - 620 015.

3.S.Thangabalu 4.B.Shanthi : Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the impugned order passed by the first respondent through his proceeding in C.O/REC.NPA/2024 - 2025 dated 21.12.2024 and to quash the same as illegal and consequently direct the first respondent to issue fresh proceedings as against the respondents 3 & 4 herein.

For Petitioner : Mr.M.R.Sreenivasan For Respondents 1 & 2 : Mr.N.Dilip Kumar Standing Counsel

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2.This writ petition has been filed seeking to quash the impugned order passed by the first respondent through his proceeding in C.O/REC.NPA/2024 - 2025 dated 21.12.2024 and for a consequential direction to the first respondent to issue fresh proceedings as against the respondents 3 & 4 herein. 2/4

3.Since an effective remedy lies before the Debts Recovery Tribunal, invoking the jurisdiction of this Court under Article 226 of the Constitution of India would not be permissible and hence, the Writ Petition stands dismissed, with liberty to the petitioner to work out his remedies in accordance with law. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[M.S.R.,J.] & [A.D.M.C.,J.] 10.01.2025 Index : Yes/No Internet : Yes/No MR 3/4

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 10.01.2025 4/4