Shanthi .B v. Union Bank Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.12719 of 2023 B.Shanthi ... Petitioner -vsUnion Bank of India, (Erstwhile Corporation Bank), Rep. by its Authorized Officer, R.Sowmiya, Karungal Branch, Kanyakumari District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating the order passed by the Honourable Chief Judicial Magistrate, Kanyakumari in Cr.M.P.No.14474 of 2022 dated 12.01.2023 and to quash the same as illegal. For Petitioner : Mr.T.Wins For Respondent :

Mr.N.Dilip Kumar

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] In view of the fact that the Debts Recovery Tribunal, Madurai, is not manned, we are entertaining this writ petition.

2. Mr.N.Dilip Kumar, learned Standing Counsel, takes notice for the respondent - Bank. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. We find that this writ petition is sheer abuse of the jurisdiction under Article 226 of the Constitution of India. The very same petitioner had challenged the very same order of the learned Chief Judicial Magistrate, Kanyakumari, in W.P.(MD) No.7006 of 2023 and the same was dismissed on 29.03.2023.

4. Hence, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 26.06.2023 NCC : No Index : No Internet : Yes PKN

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 26.06.2023