Madras High CourtWP(MD)/23838/2016dismissed

A.Madhan, v. The General Manager,

2016-12-09Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.[MD].No.23838 of 2016 and W.M.P.(MD)No.17177 of 2016 A.Madhan : Petitioner Vs.

1.The General Manager, State Bank of Travancore, Chennai.

2.The Chief Manager, State Bank of Travancore, Tiruchirappalli Branch, No.34, Suppiahpillai Towers, Chinnakadai Street, Trichy 2.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the possession notice dated 06.07.2016 and the subsequent notice of intended sale dated 11.11.2016 issued by the second respondent and quash the same as illegal.

For Petitioner : Mr.T.Leninkumar For Respondents : Mr.Pala Ramasamy ` Standing Counsel

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] This Writ Petition has been filed challenging the possession notice dated 06.07.2016 and the subsequent notice of intended sale dated 11.11.2016 issued by the second respondent.

2. Admittedly, as against the possession notice and the subsequent notice of intended sale issued by the second respondent bank, the petitioner has got alternative remedy of filing an appeal before the Debts Recovery Tribunal. Thus, the present Writ Petition cannot be entertained.

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3. In the result, the Writ Petition is dismissed, giving liberty to the petitioner to approach the Debts Recovery Tribunal for appropriate relief. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar Copy To The Section Officer, E.R.Section(writs), Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.T.Lenin Kumar,Advocate Sr.No.80435 +1cc to M/s.Pala.Ramasamy,Advocate Sr.No.80361 ORDER MADE IN W.P.[MD].No.23838 of 2016 09.12.2016 nb rum/ck/04.01.2016/2p/4c https://hcservices.ecourts.gov.in/hcservices/