Ganesan v. The Authorised Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) Nos.1870 and 1873 of 2024 Ganesan ... Petitioner -vs1.The Authorized Officer, (Under SARFAESI Act), Piramal Capital & Housing Finance Ltd., Shop No.173B/2A, 1st Floor, Shah Complex, Palayamkottai, Tirunelveli - 627 002.

2.The Branch Manager, Piramal Capital & Housing Finance Ltd., Tirunelveli Branch, Shop No.173B/2A, 1st Floor, Shah Complex, Palayamkottai, Tirunelveli - 627 002.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records pertaining to impugned

possession notice dated 15.05.2023, served on 18.01.2024, passed by the 1st respondent and quash the same.

For Petitioner :

Mr.S.Alagusundar For Respondents :

Mr.P.Pethurajesh Standing Counsel

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The Writ Petition has been filed challenging the possession notice of the 1st Respondent dated 15.05.2023.

2. Against the possession notice of the 1st Respondent dated 15.05.2023, the petitioner is having an efficacious alternative remedy before the Debts Recovery Tribunal under Section 17 of SARFAESI Act. Without exhausting the said remedy, the petitioner has approached this Court by filing this Writ Petition.

3. Since the petitioner is having an efficacious alternative remedy, they cannot invoke Article 226 of the Constitution of India seeking the aforesaid relief.

4. In the light of the above, the Writ Petition is dismissed. It is open to the petitioner to seek his remedy before the appropriate forum. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. [D.K.K., J.] [R.V., J.] 31.01.2024 Index : Yes / No Internet : Yes / No SJ

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 31.01.2024