The Hon'ble Madurai Bench dismissed a writ petition filed under Article 226 of the Constitution of India. The court held that the petitioner had an efficacious alternative remedy before the relevant tribunal and declared the writ petition legally maintainable only if fundamental rights were affected.
The writ petition is dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2015 CORAM:
THE HONOURABLE DR. JUSTICE S.TAMILVANAN and
THE HONOURABLE MR. JUSTICE V.S.RAVI
W.P.(MD)No.3883 of 2015 and M.P.(MD)No.1 of 2015
V.T.Rajendran
... Petitioner
Vs.
1.The Authorized Officer, State Bank of Travancore, Regional Office, Region No.1, G.K.N.Building, No.24, North Car Street, Nagercoil, Kanyakumari District.
3.L.Noel Raj
... Respondents
PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, granting extension of further 8 weeks time to the petitioner on expiry of the period of 15 days time for restoring possession of dwelling house No.7-96 B, Veettuvenny, Marthandam, Nalloor Village, Vilavancode Taluk, Kanyakumari District to the first respondent pursuant to the order dated 05.03.2015 made in S.A.No.61 of 2014 on the file of the Debt Recovery Tribunal, Madurai.
For Petitioner : Mr.S.Balasubramanian
For Respondents : Mr.S.Devaraj for R1
O R D E R
(Order of this Court was made by S.TAMILVANAN,J.)
This Writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of Writ of Mandamus, for granting extension of further eight weeks time to the petitioner on the expiry of the period of 15 days time for restoring possession of dwelling house No.7-96 B, Veettuvenny, Marthandam, Nalloor Village, Vilavancode Taluk, Kanyakumari District to the first respondent pursuant as per the order dated 05.03.2015 passed in S.A.No.61 of 2014 on the file of the Debt Recovery Tribunal, Madurai.
2.Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the first respondent.
3.A copy of the impugned order is available at page No.32 of the https://hcservices.ecourts.gov.in/hcservices/ typed set of papers. It is well settled that aggrieved by the order passed by the Debts Recovery Tribunal one could approach DRAT, however,
2
not by way of filing Writ petition, unless fundamental rights or any constitutional right is affected.
5.Accordingly, the Writ petition is dismissed. No costs. Consequently, connected M.P.is closed.
6.Registry is directed to return the original order copy to the learned counsel appearing for the petitioner as per procedure known to law.
Sd/-
Assistant Registrar(Per Admn.)
/TRUE COPY/
Sub Assistant Registrar
To 1.The Authorized Officer, State Bank of Travancore, Regional Office, Region No.1, G.K.N.Building, No.24, North Car Street, Nagercoil, Kanyakumari District.
2.The Presiding Officer, Debt Recovery Tribunal, Madurai.
Copy to:
The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.S.Balasubramanian,Advocate, SR.No.13811
W.P.(MD)No.3883 of 2015 19.03.2015
nbj PA/15.04.2015/2P/5C
1 issue framed by the court
Whether the writ petition seeking extension of time for restoring possession is maintainable under Article 226 of the Constitution of India when an efficacious alternative remedy is available.
1 provisions across 1 enactments
V.T.Rajendran
The Authorized Officer, State Bank of Travancore
The Presiding Officer, Debt Recovery Tribunal, Madurai
L.Noel Raj
S.Tamilvanan
V.Ravi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
