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Madras High CourtWP(MD)/786/2025dismissed

Abdul Rahuman v. The Reserve Bank Of India

2025-01-09Honourable Mr Justice M.S. Ramesh,Honourable Dr.Justice A.D.Maria Clete5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.509 to 511 of 2025 Abdul Rahuman : Petitioner Vs.

1.The Reserve Bank of India, No.6, Rajaji Road, Fort St. George, Chennai.

2.The Authorized Officer / Branch Manager, TATA Capital Housing Finance Ltd., Madurai Branch, Door No.79, 2nd & 3rd Floor, Sajai Mall T.S.No.873/2, P.T.Rajan Road, B.B.Kulam, Madurai.

3.Rasu : Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records pertaining to the impugned possession notice issued by the second respondent dated 26.11.2024 and quash the same on the ground that the same is arbitrary, illegal.

For Petitioner : Mr.S.Maya Perumal

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 possession notice issued by the second respondent dated 26.11.2024.

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 2/5

petitioner to work out his 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.] 09.01.2025 Index : Yes/No Internet : Yes/No MR 3/5

To The Reserve Bank of India, No.6, Rajaji Road, Fort St. George, Chennai.

4/5

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 09.01.2025 5/5