G.Selvarani v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025

CORAM:

THE HONOURABLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE and THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P.(MD)No.10652 of 2023 G.Selvarani, W/o.Gurunathan, 3, Jakkalamman Kovil Street, Bodinayakanur, Theni.

... Petitioner -vs1.The Authorized Officer, M/s.Canara Bank, Bodinayakanur Main Branch, Kamarajar Main Bazaar, Bodinayakanur, Theni - 625513.

2.M.Sukumar, S/o.M.Mokkachamy, 9/22W, Periyandavarpuram, Bangarusamy Naicker Street, Bodinayakanur, Theni - 625513.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the records relating to the impugned order dated 30.01.2023 passed by the learned Chief Judicial Magistrate, Theni, in Cr.M.P.No.8492 of 2022 and quash the same as illegal. For Petitioner : Ms.Sindhuja for M/s.Dhana Law Associates For Respondents : Mr.C.Deepak for R1 : No Appearance for R2

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] This petition under Article 226 of the Constitution of India seeks issuance of a writ of certiorari to call for the records relating to the order dated 30.01.2023, passed by the learned Chief Judicial Magistrate, Theni, and to quash the same as illegal.

2. Indisputably, against the order of the learned Chief Judicial Magistrate, Theni, an alternate remedy exists for the petitioner before the Debts Recovery Tribunal by moving an application under Section 17 of the

SARFAESI Act. We do not find any extraordinary reason to entertain the petition without insisting on the exhaustion of the alternate statutory remedy provided under the law.

3. Moreover, we find that after the order was passed by the learned Chief Judicial Magistrate, Theni, the property has been sold in auction and purchased.

4. In the petition, no challenge has been made to the subsequent actions taken by the first respondent.

5. Therefore, we are not inclined to entertain this petition and dismiss the same, giving liberty to the petitioner to approach the Debts Recovery Tribunal, if aggrieved by the order dated 30.01.2023, passed by the learned Chief Judicial Magistrate, Theni.

6. Since the present petition was filed on 23.05.2023, the period during which this petition remained pending shall be excluded for the purpose of considering any application made by the petitioner seeking condonation of delay in approaching the Debts Recovery Tribunal.

7. Without expressing any opinion on the merits of the case, the writ petition is, accordingly, dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [MANINDRA MOHAN SHRIVASTAVA, C.J.] [R.POORNIMA, J.] 13.10.2025 NCC : Y es / No Index : Yes / No smn2

THE HON'BLE CHIEF JUSTICE and R.POORNIMA, J.

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