The Madurai Bench of the Madras High Court dismissed the writ petition challenging a possession notice under the SARFAESI Act, holding that such challenges must be entertained by the Debt Recovery Tribunal, not the High Court.
The Writ Petition stands dismissed. The court granted 15 days time to the petitioners to approach the Debt Recovery Tribunal.
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.(MD).No.10338 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.12.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.10338 of 2010 and M.P.(MD).No.1 of 2010
Kalian (Died)
1.K.Sridhar
2.K.Prasath Kumar
3.K.Jeyasuganthi
.. Petitioners
(Petitioners 1 to 3 are substituted vide Court order dated 21.11.2023 in W.M.P.(MD).No.4181 of 2019 and W.P.(MD).No.10338 of 2010)
Vs.
.. Respondents
Page 1 of 4
W.P.(MD).No.10338 of 2010
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, calling for the records pertaining to the possession notice dated 03.08.2010 on the file of the 1st respondent in respect of the Plot No.26, S.No.194/7 and 194/8, Venkateshapuram Village, Madurapuri, Thuraiyur Taluk, Trichy District and quash the same.
For Petitioner : Mr.P.R.Prithiviraj For Respondents : Mr.R.Pondivel Standing Counsel
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.)
The possession notice dated 03.08.2010 issued by the Authorized Officer of Indian Overseas Bank is sought to be quashed in the present Writ proceedings.
petitioners have to approach the jurisdictional Debt Recovery Tribunal for seeking appropriate remedy. The Writ Petition being not maintainable, we grant 15 days' time to the petitioners to approach the Debt Recovery Tribunal.
Page 2 of 4
W.P.(MD).No.10338 of 2010
shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.
(S.M.S.,J.) (L.V.G.,J.) 18.12.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
Page 3 of 4
W.P.(MD).No.10338 of 2010
S.M.SUBRAMANIAM,J. and L.VICTORIA GOWRI,J.
Lm
W.P.(MD).No.10338 of 2010
18.12.2023
Page 4 of 4
2 issues framed by the court
Whether the writ proceedings challenging a possession notice issued under the SARFAESI Act are maintainable.
Whether the jurisdiction for seeking remedy against SARFAESI actions lies with the Debt Recovery Tribunal or the High Court.
2 provisions across 2 enactments
Kalian (Died)
K.Sridhar
K.Prasath Kumar
K.Jeyasuganthi
The Authorized Officer, Indian Overseas Bank
The Branch Manager, Mathurapuri Branch
S.M.SUBRAMANIAM
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
