A.Padmanathan v. State Bank Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2025

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE and WMP(MD) Nos.18 and 19 of 2025

1. A.Padmanathan

2. P.Malarvizhi ... Petitioners Vs

1. State Bank of India, Trichy Branch, Chinnakadai Street, Trichy.

Rep by its Branch Manager.

2. Recovery Officer-II, Debts Recovery Tribunal, Madurai..

3. G.Kathiresan

4. K.Rajamohan ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd respondent to keep in abeyance the recovery proceedings in RC/56/2024 1/4

with respect to the property situate in Tiruchirappalli District Musiri Taluk, Thinnanur Village S.Nos.752/3 and 749/17 admeasuring an extent of 1200 sq.ft of the larger extent which has been converted into residential plots in the name of Sri Meenakshi Nagar, Phase II bearing plot No.60 for a time period stipulated by this Court enabling the petitioner to prefer appeal against the exparte order dated 12.02.2024 in O.A.No.402 of 2017 passed by the learned Debt Recovery Tribunal Madurai.

For Petitioner : Mr.B.E.Ashwin Bala For Respondents : Mr.J.Alaguram Jothi for R1 Mr.R.Senthilkumar for R2

ORDER

The appropriate forum to redress the grievance put forth in this writ petition would be the Debt Recovery Tribunal, Madurai. When such an alternative remedy is available, it would not be justifiable to entertain the present writ petition. Accordingly, the petitioners are granted liberty to approach the Debt Recovery Tribunal for redressal of their grievances.

2. With the above liberty, the writ petition stands dismissed. However, the petitioners are also granted liberty to prefer an appeal against the exparte order dated 12.02.2024 passed in O.A. 402/2017 on the file of the DRT, Madurai, within a period of 30 days from the date of 2/4

receipt of a copy of this order. No costs. Consequently connected Miscellaneous Petitions are closed.

[M.S.R.,J] [A.D.M.C.,J] 06.01.2025 NCC : Yes/No RR 3/4

M.S. RAMESH , J.

AND A.D.MARIA CLETE, J.

RR

ORDER

IN WP(MD) No.21 of 2025 Date : 06.01.2025 4/4