Stalin Rajkumar S v. The Authorized Officer /Manager

W.P(MD)No.2265 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)Nos.2265 of 2022 and WMP(MD)Nos.1970 and 1972 of 2022

1) S.Stalin Rajkumar

2) D.Selva Kumar

3) N.Nallammal ... Petitioners vs.

1) The Authorized Officer, M/s.Cholamadalam Investment and Finance Investment Ltd., Dare House, 1st Floor, No.2, N.S.C. Bose Road, Chennai.

2) The Branch Manager, M/s.Cholamadalam Investment and Finance Investment Ltd., No.2/3, G.V. Towers, 3rd Floor, Opposite to Fenner India, Melakkal Salai, Madurai.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, call for the records of impugned Notice dated 17.09.2021 passed by the Respondent No.1 and quash the same as illegal.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.Pethu Rajesh

ORDER

(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The challenge in the writ petition is to the possession notice dated 17.09.2021 issued by the respondents. 2.

It appears that already the said notice is challenged before the Debts Recovery Tribunal, Madurai, in S.A.No.488 of 2021 which is kept pending for want of Presiding Officer. https://hcservices.ecourts.gov.in/hcservices/ Page 1/2

W.P(MD)No.2265 of 2022 3.

Therefore, without delving into the merits of the case, we only direct the Debts Recovery Tribunal, Madurai, to transmit the papers in S.A.No.488 of 2021 to the Debts Recovery Tribunal, Coimbatore, after which, the Debts Recovery Tribunal, Coimbatore, is directed to take up S.A.No.488 of 2021 on 16.02.2022 and pass orders on merits.

4.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) Bala To 1.The Presiding Officer, Debts Recovery Tribunal, Madurai.

2.The Presiding Officer, Debts Recovery Tribunal, Coimbatore.

W.P(MD)No.2265 of 2022 DATED : 04.02.2022 MGJ(18.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ Page 2/2