Poosaidurai. V v. The Authorized Officer

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) Nos.13146 & 13147 of 2023 V.Poosaidurai ... Petitioner -vs1.The Authorized Officer Indian Bank 68, Kannimariamman Kovil Street Tenkasi, Tenkasi District-627 811 2.The Branch Manager Indian Bank Tenkasi Branch 68, Kannimariamman Kovil Street Tenkasi, Tenkasi District-627 811 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records of the impugned possession notice dated 20.05.2023 issued by the first respondent and quash the same as illegal.

For Petitioner :

Mr.Karthick.R.J.

For Respondents :

Mr.N.Dilip Kumar, 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 possession notice, dated 20.05.2023, 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.N.Dilip Kumar, 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 his grievance. No costs. Consequently, connected miscellaneous petitions are 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) Nos.13146 & 13147 of 03.07.2023