Madras High Court
M/S.Radaan Textiles vs The District Magistrate And on 2 January, 2019
Author: M. Duraiswamy
Bench: V.K.Tahilramani, M.Duraiswamy
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2019
CORAM :
THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE
AND
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P. No.33033 of 2018 and
W.M.P.No.38306 of 2018
M/s.Radaan Textiles,
rep by its Partner K.Manickam
No.45, Vara Thottam,
15, Velampalayam Main Road,
Opp. Airtel Tower,
Tirupur – 641 652,
Tirupur District. ... Petitioner
Vs.
1.The District Magistrate and
District Collector,
Tirupur District,
Tirupur.
2.The Sub Collector,
Tirupur District,
Tirupur.
3.The Tahsildar,
Tirupur North Taluk,
Tirupur,
Tirupur District.
4.The Authorized Officer,
Asset Recovery Management Branch,
Punjab National Bank,
http://www.judis.nic.in No.448-A, Dr.Nanjappa Road,
Coimbatore – 641 018. ... Respondents
2
Petition filed under Article 226 of the Constitution of India praying
for issue of Writ of certiorarified mandamus calling for the records from the
1st respondent by his proceedings dated 25.09.2018 made in
Ref.No.2132/2018/C3 and quash the same and direct the 3rd respondent not
to take physical possession of the property viz., 3080 sq.ft. of land and
building in Survey No.331/4, Door No.27A-2, 27A-3, Gandhi Road,
Anupparpalayam Pudur, 15, Velampalayam Village, Tiruppur within the
Tiruppur Registration District, Tiruppur Joint-II, Sub Registration District in
pursuance of the order passed by the 1st respondent dated 25.09.2018.
For Petitioner : Mr.K.A.Ramakrishnan
For Respondents : Mr.V.Jayaprakash Narayanan,
Government Pleader (i/c) (R1 to R3)
Mr.M.L.Ganesh (R4)
ORDER
(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of certiorarified mandamus calling for the records from the 1st respondent by his proceedings dated 25.09.2018 and to quash the same and to direct the 3rd respondent not to take physical possession of the property in pursuance of the order passed by the 1st respondent dated 25.09.2018.
2.By order dated 25.09.2018, the 1st respondent authorized the Sub Collector and directed him to take possession of the secured asset. Challenging this order, the petitioner has filed the above Writ Petition. http://www.judis.nic.in 3
3.The learned counsel appearing for the 4th respondent – Bank submitted that the Writ Petition is not maintainable for the reason that the petitioner has approached this Court directly under Article 226 of the Constitution without exhausting the appeal remedy under Section 17 (4 - A) of the SARFAESI Act.
4.In view of Section 17(4 - A) of the Act, the learned counsel appearing for the petitioner submitted that the petitioner's possession may be protected till 09.01.2019 enabling the petitioner to move the Debts Recovery Tribunal under Section 17(4 – A) of the Act.
5.The learned counsel for the 4th respondent has no objection for maintaining status - quo till 09.01.2019 and further submitted that in the event of the petitioner not obtaining an order of stay before the Debts Recovery Tribunal, the 4th respondent would proceed further in the matter.
6.In view of the submissions made by the learned counsel on either side, we are not inclined to entertain the Writ Petition since the petitioner has got remedy by way of an appeal before the Debts Recovery Tribunal under Section 17 (4 – A) of the Act. The respondents are directed to maintain status – quo till 09.01.2019. It is open to the petitioner to move the Debts Recovery Tribunal challenging the impugned order dated http://www.judis.nic.in 25.09.2018 passed by the 1st respondent in accordance with law. It is also 4 made clear that in the event of the petitioner not obtaining an order of stay before the Debts Recovery Tribunal, it is open to the respondents to proceed further in the matter in accordance with law.
7.With these observations, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
(MRS.V.K.TAHILRAMANI, CHIEF JUSTICE) (M.DURAISWAMY)
02.01.2019
Index : Yes/No
Internet : Yes
Speaking /Non Speaking Order
va
Note: Issue order copy on 02.01.2019. http://www.judis.nic.in 5 To
1.The District Magistrate and District Collector, Tirupur District, Tirupur.
2.The Sub Collector, Tirupur District, Tirupur.
3.The Tahsildar, Tirupur North Taluk, Tirupur, Tirupur District.
4.The Authorized Officer, Asset Recovery Management Branch, Punjab National Bank, No.448-A, Dr.Nanjappa Road, Coimbatore – 641 018.
http://www.judis.nic.in 6 THE HON'BLE MRS.V.K.TAHILRAMANI CHIEF JUSTICE AND M. DURAISWAMY,J.
va W.P.No.33033 of 2018 and W.M.P.No.38306 of 2018 02.01.2019 http://www.judis.nic.in