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Madras High CourtWP(MD)/27647/2024dismissed

Pothigaiselvam.A.R v. The Authorised Officer

2024-11-20Honourable Mr Justice M.S. Ramesh,Honourable Dr.Justice A.D.Maria Clete4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.23463, 23465 & 23467 of 2024 1.Pothigaiselvam A.R.

2.Latha.S.

: Petitioners Vs.

The Authorised Officer, Bank of Baroda, Karur Main Branch, No.1, 5th Cross Street, Sengunthapuram, Karur - 639 002.

: Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the learned Chief Judicial Magistrate, Karur dated 01.10.2024 made in Cr.M.P.No. 1352 of 2024 and quash the same.

For Petitioner : Mr.S.Suresh For Respondent : Mr.Pethu Rajesh Standing Counsel 1/4

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2.This writ petition has been filed seeking to quash the impugned order passed by the learned Chief Judicial Magistrate, Karur dated 01.10.2024 made in Cr.M.P.No.1352 of 2024. 3.Since an effective remedy lies before the Debts Recovery Tribunal, invoking the jurisdiction of this Court under Article 226 of the Constitution of India would not be permissible and hence, the Writ Petition stands dismissed, with liberty to the petitioner to work out their remedies in accordance with law. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[M.S.R.,J.] & [A.D.M.C.,J.] 20.11.2024 Index : Yes/No Internet : Yes/No MR 2/4

To The Authorised Officer, Bank of Baroda, Karur Main Branch, No.1, 5th Cross Street, Sengunthapuram, Karur - 639 002.

3/4

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 20.11.2024 4/4