Raja. K v. M/S. Cholamandalam Investment And Finance Com., Ltd.,

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.13266 & 13267 of 2023 1.K.Raja 2.R.Murugeswari 3.R.Manikandan Supplies 35D, Banadurai North Street Kumbakonam Thanjavur-612 001 ... Petitioners -vsM/s.Cholamandalam Investment and Finance Com., Ltd., 2/3, G.V.Towers, III Floor Melakkal Main Road Madurai-625 016 rep.by its Authorized Officer ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records pertaining to the impugned order in Crl.M.P.No.253 of 2023, dated 12.06.2023, on the file of Chief Judicial Magistrate, Thanjavur at Kumbakonam and quash the same as illegal.

For Petitioners :

Mr.C.Padma Raj For Respondent :

Mr.P.Pethu Rajesh, 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 order dated 12.06.2023, passed in Crl.M.P.No.253 of 2023, by the learned Chief Judicial Magistrate, Thanjavur @ Kumbakonam, directing to take possession of the secured asset.

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

3. Mr.P.Pethu Rajesh, 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 petitioners 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 petitioners have 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 petitioners to approach the Debts Recovery Tribunal, Madurai, for redressal of their grievance. No costs. Consequently, connected miscellaneous petitions are closed.

[S.V.N., J.] [D.B.C., J.] 03.07.2023 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

The Chief Judicial Magistrate, Kumbakonam.

S.VAIDYANATHAN , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk and W.M.P.(MD) Nos.13266 & 13267 of 03.07.2023 (2/2)