JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Auction sale notice dated 09.09.2022 issued by the respondent finance company and all other consequential proceedings are illegal and quash the same and consequently hand over the possession of the loan schedule property to the petitioner which was already taken by the respondent on 19.05.2022.)

R. Mahadevan, J.

1. Challenging the impugned Auction sale notice dated 09.09.2022, issued by the respondent – Finance Company, the petitioner has come forward with this writ petition.

2. Heard Mr.K.S.Durai Pandian, learned counsel for the petitioner and Mr.S.Vellaichamy, learned counsel, appearing for the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Though there is availability of expeditious and effective remedies under the SARFAESI Act, this writ petition has been filed, since the Debts Recovery Tribunal, Madurai, is not functional. Before going into the issue raised in this writ petition, we deem it fit to consider the following sequence of the provision