S.Muthuramalingam v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.(MD) No.17338 of 2023 S.Muthuramalingam ... Petitioner -vs1.The Authorized Officer Sriram Finance Limited Sri Tower, Plot No.14A, South Phase Industrial Estate Guindy, Chennai-600 032 2.The Branch Manager Sriram City Union Finance Limited No.2, Sivanantha Road 2nd Floor, Arapalayam Cross Road Arapalayam, Madurai-625 016 ... Respondents 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 possession notice issued by the first respondent vide his proceedings S.F.No. 179/2023, dated 29.07.2023 and quash the same as illegal. For Petitioner :

Mr.N.Anandha Kumar for Mr.S.Maruthu Pandian

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard the learned counsel for the petitioner.

2. The petitioner is challenging the possession notice subsequent to the notice issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The said notice is under Section 13(4) of the said Act. That would only amount to taking symbolic possession. The petitioner has a remedy available before the Debts Recovery Tribunal.

3. In view of the alternative remedy available to the petitioner, we are not inclined to entertain the writ petition. The writ petition is disposed of with liberty to the petitioner to avail the alternative remedy. In that event, all the contentions are kept open. No costs. Consequently, connected miscellanoeus petition is closed.

[S.V.G., .C.J.] [C.K., J.] 29.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN , J.

krk and W.M.P.(MD) No.17338 of 2023 29.08.2023