Kannappan @ Narayanan. Vkn v. The Authorised Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN V.K.N.Kannappan @ Narayanan

...Petitioner

-Vs.- The Authorised Officer, Stressed Asset Management Branch, Indian Bank, 100-101, 3rd Floor, East Avani Moola Street, Madurai - 625 001.

...Respondent

PRAYER:- Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondent fix a reasonable sale price as a Reserve Price of the property that is about to be auctioned by considering the petitioner's representation dated 07.11.2023 within the time frame that may be stipulated by this Court. For Petitioner : Mr.A.Robinson ****

ORDER

(Order of the Court was made by V.LAKSHMINARAYANAN, J.) The writ petitioner sought for a direction to the respondent to 1/3

fix a reasonable sale price as a Reserve Price of the property that is about to be auctioned.

2. The remedy for the petitioner is to approach the jurisdictional Debts Recovery Tribunal. When an effective alternative remedy is available and when the Tribunal is also functioning as on today, we are not inclined to entertain the Writ Petition.

3. In view of the same, giving 15 days time to the petitioner to approach the Debts Recovery Tribunal and permitting him to raise the issue of under valuation, this Writ Petition is dismissed. No costs. [S.M.S.J.,] & [V.L.N.J.,] NCC :Yes/No 15.11.2023 Index :Yes/No Internet :Yes/No SJ 2/3

S.M.SUBRAMANIAM, J.

AND V. LAKSHMINARAYANAN, J.

SJ 15.11.2023 3/3