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Madras High CourtWP(MD)/10280/2026dismissed

Karuppanna Raja Pg v. The District Collector

2026-04-15Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)No.8085 of 2026 P.G.Karuppanna Raja ... Petitioner vs.

1.The District Collector, Collectorate, Dindigul District.

2.The Authorized Officer Cum Chief Manager, State Bank of India, Nehruji Nagar Branch, 80, Feet Road, Door No. 96, Municipal Colony, Dindigul.

3.The Chief General Manager, State Bank of India, Local Head Office, 16, College Lane, Nungambakkam, Chennai - 600 006.

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4.Boominathan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second respondent herein to forthwith restore and reinstate physical possession of the residential property bearing Survey Nos.678A/6, 678A/7 in Chettinaickenpatti Village, Dindigul District, to the petitioner, in light of the final order dated 29.10.2025 passed in SA No.207 of 2021 and connected SA No.18 of 2017 and consequently direct the respondents to ensure peaceful restoration of possession.

For Petitioner : Mr.M.Venkatesan For Respondents : Mr.D.Sasi Kumar (R1) Additional Government Pleader : Mr.M.Ponniah (R3) Standing Counsel : Mr.M.Jegadeesh Pandian (R4)

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to the second respondent to forthwith restore and reinstate physical possession of the residential property bearing Survey Nos.678A/6 and 2/6

678A/7, situated at Chettinaickenpatti Village, Dindigul District, to the petitioner, in light of the final order dated 29.10.2025 passed in S.A.No.207 of 2021 and connected S.A.No.18 of 2017, and consequently direct the respondents to ensure peaceful restoration of possession. 2.It is the contention of the petitioner that he asserts lawful ownership over the subject property, which was mortgaged with the second respondent Bank for a housing loan. Upon alleged default, the Bank initiated proceedings under the SARFAESI Act, 2002 and effected sale of the property in favour of the fourth respondent/auction purchaser. Challenging the said action, the petitioner approached the Debts Recovery Tribunal, Madurai, which, by order dated 29.10.2025 in S.A. No. 207 of 2021, set aside the sale proceedings as illegal. Despite the said order having attained finality, possession has not been restored to the petitioner. Hence, the present Writ Petition has been filed seeking issuance of a writ of mandamus directing restoration of possession in terms of the Tribunal's order. 3/6

3.The learned Standing Counsel appearing for the third respondent Bank submitted that, as against the order passed by the Debts Recovery Tribunal, an appeal has been preferred by the Bank before the Debts Recovery Appellate Tribunal in R.A.(S.A.) No.2525 of 2025, and the matter has been adjourned to 05.05.2026, wherein the writ petitioner has also entered appearance.

4.In such view of the matter, it is open to the writ petitioner to work out his remedy before the Debts Recovery Appellate Tribunal, especially when the appeal has already been taken on file. 5.Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

[N.S.K.,J.] [P.B.B.,J.] 15.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Collectorate, Dindigul District.

2.The Authorized Officer Cum Chief Manager, State Bank of India, Nehruji Nagar Branch, 80, Feet Road, Door No. 96, Municipal Colony, Dindigul.

3.The Chief General Manager, State Bank of India, Local Head Office, 16, College Lane, Nungambakkam, Chennai - 600 006.

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N.SATHISH KUMAR , J.

and P.B.BALAJI , J.

ps DATED : 15.04.2026 6/6