M/S.K.B. & Co., v. The Authorised Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2015

CORAM:

THE HONOURABLE DR. JUSTICE S.TAMILVANAN and THE HONOURABLE MR. JUSTICE V.S.RAVI W.P.(MD)No.2649 of 2015 and M.P.(MD)Nos.2 and 3 of 2015 1.K.B.& Co., Rep.by its Proprietor K.Barathi A-1/699, Thendral Nagar, Rajapalayam - 626 177, Virudhunagar District.

2.K.Barathi ... Petitioners Vs.

1.The Authorised Officer, Union Bank of India, Regional Office, 72, P.T.Rajan Road, Madurai 625 002.

2.The Branch Manager, Union Bank of India, Vadasry Branch, Nagercoil 629 001.

Kanyakumari District.

... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records relating to the impugned order passed by the first respondent bank in Ref.ROM.CRLD.270/2015 dated 20.01.2015 and quash the same so far as the land with residential building bearing R.S.No.31/14, Door No.1/ 92 (old) 1/110 (new) about 5.00 cents in Suchindram Village, Agastheeswaram Taluk, K.K. District is concerned.

For Petitioner : Mr.J.Balameenakshi

O R D E R

(Order of this Court was made by S.TAMILVANAN,J.) The petitioners herein have filed the Writ petition seeking an order in the nature of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent Bank in Ref.ROM.CRLD.270/2015 dated 20.01.2015 and quash the same in so far as the land with residential building bearing R.S.No.31/14, Door No.1/ 92 (old) 1/110 (new) about 5.00 cents in Suchindram Village, Agastheeswaram Taluk, K.K. District is concerned. https://hcservices.ecourts.gov.in/hcservices/ 2.We having gone through the averments made in the accompanying

affidavit, and we are of the view that it is only a civil dispute and there is no statutory bar for the petitioner to approach the Civil Court. As the Writ petition is based on a disputed question of fact, the petitioner cannot maintain the Writ petition seeking an order to quash the proceedings of the respondents, without seeking the relief by approaching the appropriate forum.

3.On the aforesaid facts and circumstances, the Writ petition is dismissed as not maintainable. However, it is open to the petitioner to approach the appropriate forum for appropriate remedy. No costs. Consequently, connected M.Ps.are closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub- Assistant Registrar To 1.The Authorised Officer, Union Bank of India, Regional Office, 72, P.T.Rajan Road, Madurai 625 002.

2.The Branch Manager, Union Bank of India, Vadasry Branch, Nagercoil 629 001.

Kanyakumari District.

+1cc to Ms.Balameenakshi, Advocate in SR.No.9260 sm:30.03.2015:2P/4C.

W.P.(MD)No.2649 of 2015 27.02.2015 https://hcservices.ecourts.gov.in/hcservices/