Madras High CourtWP(MD)/15660/2023disposed of

Kavitha. S v. The Authorized Officer

2023-07-03Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD) No.13144 of 2023 S.Kavitha ... Petitioner -vsThe Authorized Officer Canara Bank Thirunagar Madurai District-625 006 ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records relating to the impugned sale notice issued under Section 13(4) r/w Rule 8(6) of SARFAESI Act dated 13.06.2023, by the respondent bank and to quash the same as illegal. For Petitioner :

Mr.M.Sankar For Respondent :

Mr.P.Madhan Alexander Standing Counsel

O R D E R

[Order of the Court was made by S.VAIDYANATHAN, J.] Challenge in this writ petition is to the sale notice, dated 13.06.2023, issued by the respondent - Bank.

2. It is represented by the learned counsel for the petitioner that there is no Presiding Officer in the Debts Recovery Tribunal, Madurai and hence, the petitioner has filed this writ petition.

3. Mr.P.Madhan Alexander, learned Standing Counsel, who takes notice for the respondent - Bank, would submit that now, the Presiding Officer has been appointed and he has also taken charge.

4. Hence, we are not inclined to accept the contentions of the petitioner on two grounds. Firstly, when there is effective alternative remedy, the Honourable Supreme Court has categorically held that High Courts shall not entertain any writ petitions. Secondly, even assuming that there is no Presiding Officer in the Debts Recovery Tribunal, Madurai, there is a Presiding Officer at Coimbatore Debts Recovery Tribunal, who is in-charge of the Debts Recovery Tribunal, Madurai.

5. Now, since the Presiding Officer has been appointed and the Debts Recovery Tribunal, Madurai, is functioning, the petitioner has got effective alternative remedy before the said Tribunal.

6. In view of the same, we are not inclined to entertain this writ petition and the writ petition is, therefore, dismissed with liberty to the petitioner to approach the Debts Recovery Tribunal, Madurai, for redressal of her grievance. No costs. Consequently, connected miscellaneous petition is closed.

[S.V.N., J.] [D.B.C., J.] 03.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

S.VAIDYANATHAN , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk and W.M.P.(MD) No.13144 of 2023 03.07.2023