Alagumalai v. The Regional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD) No.14313 of 2023 Alagumalai ... Petitioner -vs1.The Regional Manager Canara Bank, Thoothukudi Thoothukudi District 2.The Authorised Officer Canara Bank Srivilliputhur Branch RC Church Compound Sattur Road, Srivilliputhur Virudhunagar District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for records relate to the impugned possession notice dated 18.05.2023, issued by the second respondent and quash the same as illegal.

For Petitioner :

Mr.T.Indrachithu

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] This writ petition is filed challenging the possession notice, dated 18.05.2023, issued by the respondent - Bank under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2. The petitioner has an effective alternative remedy of approaching the Debts Recovery Tribunal by way of an appeal as against the impugned possession notice. This Court and the Honourable Supreme Court has repeatedly held that writ petition under Article 226 of the Constitution of India is not maintainable, when the petitioner has an effective alternative remedy to workout his remedy. Hence, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [S.S.S.R., J.] [D.B.C., J.] 17.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk and W.M.P.(MD) No.14313 of 2023 17.07.2023