C.Srinivasan, v. The Authorised Officer/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE C.T.SELVAM W.P.(MD).No.6816 of 2016 & WMP(MD).No.5867 of 2016 C.Srinivasan ..

Petitioner versus 1.The Authorised Officer/ Senior Manager, Indian Bank, Karur.

2.The Branch Manager, Indian Bank, Pallapatty Branch, Pallapatty, Aravakuruchi Taluk, Karur District.

. . Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the records relating to the Agri Term Loan No.861885506 published in Dinathandhi, dated 14.03.2016, in connection with Survey Nos.46 and 36/2 with a total extent of 8.26 acres situated in Pallappatty Village, Aravakuruchi Taluk, Karur District and quash the same and consequently direct the 1st respondent to follow the principles laid down in judgment reported in I (2015) B.C. 12 (DRAT). For Petitioner :Mr.N.Marivel

ORDER

(Order of the Court was made by S.MANIKUMAR ,J.) Though the petitioner has sought for a Certiorarified Mandamus to quash the records relating to the Agri Term Loan No.861885506 published in Dinathandhi, dated 14.03.2016, in connection with Survey Nos.46 and 36/2 with a total extent of 8.26 acres, situated in Pallappatty Village, Aravakuruchi Taluk, Karur District and further prayer to direct the 1st respondent to follow the principles laid down in judgment reported in I (2015) B.C. 12 (DRAT), the prayer cannot be granted. Mandamus cannot be issued directing the Debts Recovery Tribunal to follow the decision of https://hcservices.ecourts.gov.in/hcservices/

the Delhi High Court, in the light of Article 227 of the Constitution of India which reads thus:

"227. Power of superintendence over all courts by the High Court.

3[(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.] An alternative remedy is available to the petitioner, to challenge the sale notice.

3. In the light of the above, Mandamus as prayed for cannot be granted. Mr.N.Marivel, learned counsel for the petitioner seeks permission of this Court to withdraw the case and he has also made an endorsement to that effect. Permission is granted. Writ Petition stands dismissed. No costs. Connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

jikr To 1.The Authorised Officer/ Senior Manager, Indian Bank, Karur.

2.The Branch Manager, Indian Bank, Pallapatty Branch, Pallapatty, Aravakuruchi Taluk, Karur District.

RG.GSV-PM 02.05.2016 2P/3C W.P.(MD).No.6816 of 2016 & WMP(MD).No.5867 of 2016 06.04.2016 https://hcservices.ecourts.gov.in/hcservices/