This order dismisses the writ petition challenging an order under Section 14(2) of the SARFAESI Act, holding it cannot be questioned via writ. The issues were left open for challenge in the appropriate forum. (THum short summary for search results)
The writ petition is dismissed, leaving all issues open for challenge in the appropriate forum.
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.
W.P.No.18417 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.18417 of 2023
K.Manoharan .. Petitioner
..vs..
COSMOS Co-Operative Bank Ltd Rep by Mr.Vivek V Imandar Vepery Branch, Sriji Palace, Plot No.37 Old No.17, EVK Sampath Road Vepery, Chennai-600007 .. Respondent
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for records dated 23rd February 2022 passed by the Hon'ble Chief Judicial Magistrate of Thiruvallur, in CRLMP No.4315/2022, and quash the same, forbear the respondent from interfering with the possession of the petitioner at the addresse Plot No.17, Flat No.1, Devaki Nagar, Part-1, First Street, Madhavaram Village, Ponniammanmedu, Kolathur, Chennai-600 110.
W.P.No.18417 of 2023
For Petitioner : Mr.S.Rabi Jayakumar For Respondent : Mr.P.Muthukumar
State Government Pleader
O R D E R
This Writ Petition has been filed challenging the order of the Chief Judicial Magistrate, Thiruvallur dated 23rd February 2022, in CRL.M.P No.4315/2022 and to forbear the respondent from interfering with the possession of the petitioner at Plot No.17, Flat No.1, Devaki Nagar, Part-1, First Street, Madhavaram Village, Ponniammanmedu, Kolathur, Chennai-600 110.
Respondent. With consent, this Writ Petition is taken up for final disposal at the admission stage itself.
Index: Yes / No
W.P.No.18417 of 2023
Internet: Yes / No arr
To
COSMOS Co-Operative Bank Ltd Rep by Mr.Vivek V Imandar Vepery Branch, Sriji Palace, Plot No.37 Old No.17, EVK Sampath Road Vepery, Chennai-600007
W.P.No.18417 of 2023
S. VAIDYANATHAN,J., and K.RAJASEKAR,J
arr
W.P.No.18417 of 2023
23.06.2023
1 issue framed by the court
Whether a writ petition can be filed under Article 226 to challenge an order passed under Section 14(2) of the SARFAESI Act.
2 provisions across 2 enactments
K. Manoharan
COSMOS Co-Operative Bank Ltd
S. Vaidyanathan
K. Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
