Madras High CourtWP(MD)/14588/2015disposed of

G.Jeyachandra v. The Presiding Officer

2017-07-11Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.14588 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 G.Jeyachandra : Petitioner Vs.

1. The Presiding Officer, Debts Recovery Tribunal, IV Floor, Kalyani Towers, Melur Main Road, Madurai.

2. The Branch Manager, Syndicate Bank, Neyyoor, Kanyakumari District.

3. The Authorised Officer, Syndicate Bank, Regional Office, R.S.Puram, Coimbatore.

4. Florance : Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the first respondent dated 03.08.2015, made in S.A.No.10 of 2008 and quash the same and consequently, direct the respondents 2 to 4 to hand over the possession of the property to the petitioner. For Petitioner : Mr.S.Suresh.

For Respondents 2&3 : Mr.R.Pandivel.

O R D E R

[Order of the Court was made by K.K.SASIDHARAN, J.] There is a statutory remedy available to the petitioner by filing appeal before the Debts Recovery Appellate Tribunal. The https://hcservices.ecourts.gov.in/hcservices/

petitioner, bypassing the statutory remedy, filed this Writ Petition. We are, therefore, of the view that the Writ Petition is legally not maintainable.

2. We give liberty to the petitioner to file an appeal before the Debts Recovery Appellate Tribunal, Chennai. In case any such appeal is filed, within a period of thirty days, the same shall be entertained, taking into account the pendency of the Writ Petition before this Court challenging the order passed by the Debts Recovery Tribunal, dated 03 August, 2015. This indulgence is given, taking into account the fact that within the statutory period for filing appeal, the petitioner has filed the Writ Petition.

3. The Writ Petition is disposed of with above liberty. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar Copy to:

Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S. AIYAR & DOLIA, Advocate, SR.No.65194. +1cc to M/S. R.VIJAYAKUMAR, Advocate, SR.No.64754. +1cc to M/S. R.PANDIVEL, Advocate, SR.No.64523. Order made in W.P.[MD].No.14588 of 2015 11.07.2017 SML/MYR SDS/MR:KKR/SAR 1/18.07.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/