Aadhikesavan R v. Tamilnadu Mercantile Bank Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.06.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP(MD)No.11197 of 2026 R.Aadhikesavan ... Petitioner Vs.

1. Tamilnadu Mercantile Bank Limited, Panruti Branch, 71-Chennai Salai, Panruti - 607106, Cuddalore District.

2. The Authorised Officer, Tamilnadu Mercantile Bank Limited, Tiruchirappalli Region.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned E-auction Sale Notice dated 19.12.2025 issued by the respondents under the SARFAESI act and quash the same. For Petitioner : Mr.V.Shankar

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) Challenging the sale notice issued under the provisions of the SARFAESI Act, the petitioner has filed this writ petition on the ground that one of the 1/3

schedule properties is agricultural property. Therefore, SARFAESI proceedings cannot be initiated.

2. We have perused the materials on record.

3. As the proceedings have been initiated under the SARFAESI Act, the proper way for the petitioner to challenge the same is to approach the Debts Recovery Tribunal concerned. Though it is stated that since one of the schedule properties is agricultural property as such it does not fall within the ambit of SARFAESI Act, and therefore, the writ petition is maintainable, we are not impressed with the said submission since the said contention can always be raised and decided by the DRT. Thus, it is for the petitioner to approach the DRT concerned and raise such contention and it is for the DRT concerned to decide the same on merits.

4. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[N.S.K., J.] & [M.J.R., J.] 08.06.2026 Index : Yes / No : Yes / No bala 2/3

N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala ORDER MADE IN DATED :

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