Madras High CourtWP(MD)/26005/2022dismissed

Ramar.R v. The Chief Judical Magistrate

2023-11-27Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2023

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD).No.20149 of 2022 R.Ramar .. Petitioner Vs.

1.The Chief Judical Magistrate, Virudhunagar District at Srivilliputhur, Srivilliputhur.

2.The Authorized Officer, Cholamandalam Investment and Finance Company Limited, Door No.2/3, G.V.Towers, 3rd Floor, Opp.To Fenner India, Melakkal Road, Madurai.

3.M.Maripandian .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, to call for the records in pursuance to the 1st respondent's impugned order in Crl.M.P.No.48 of 2021 passed under Section 14 of the SARFAESI Act dated 27.08.2022 and quash the same as devoid on merits.

For Petitioner : Mr.S.Selvakumar For R-1 : Court For R-2 : No appearance

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The present Writ Petition has been filed challenging the order passed by the first respondent in Crl.M.P.No.48 of 2021 dated 27.08.2022 under Section 14 of the SARFAESI Act.

2. The petitioner claims to be a lessee/tenant of the property, which is the subject matter of mortgage with the second respondent financial institution. The said financial institution, for the default committed by the third respondent, has initiated proceedings under the SARFAESI Act.

3. The only remedy available to the petitioner is to invoke the appellate provision under Section 17 of the SARFAESI Act. The issue whether he is a lessee or otherwise requires evidence, which cannot be gone into in a Writ Petition.

4. In view of the above, granting fifteen (15) days' time to file an appeal before the Debts Recovery Tribunal (DRT), the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

(S.M.S.,J.) (V.L.N.,J.) 27.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To The Chief Judical Magistrate, Virudhunagar District at Srivilliputhur, Srivilliputhur.

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

Lm 27.11.2023