High Courts should not entertain Writ Petitions under Article 226 of the Constitution of India when an effective alternative remedy is available under Section 17 of the SARFAESI Act.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for records all the connected records pertaining to the Sale Auction dated 27.07.2026 and thereby set aside the sale by quashing the sale auction proceedings NO. RO TVL/AUCTION/07-06/2026-27 dated 07.07.2026 and further direct the respondent to conduct a reauction of the property which is situated at Kanyakumari District, Kalkulam Taluk, Mulagumoodu Town Panchayat and post in respect of Survey No. 2422, 2423 and Re-Survey No. 32/7A.

O R D E R

(Order of the Court was made by N.DILIP KUMAR, J.)

The Writ Petition is filed by the borrower, challenging the auction sale notice dated 27th July 2026 and for a consequential direction to conduct a re-auction of the property.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. Since no adverse order is going to be passed, notice to the respondents is dispensed with.

3. The writ petitioner admits that against the earlier public auction sale notice, the petitioner had approached the Debts Recovery Tribunal in S.A.No.634 of 2024 and had also obtained a conditional order, of which one of the three conditions was complied with and the remaining two conditions were not complied with.

4. The writ petitioner admits that the secured creditor, namely, Canara Bank, the public sector bank, has also filed O.A.No.554 of 2022 and had also obtained a decree in their favour, which is also now subjected to execution proceedings vide Recovery Certificate dated 30.03.2026.

5. Time and again, the Apex Court has cautioned the High Courts not to entertain any litigation or Writ Petition under Article 226 of the Constitution of India, when there is an effective alternative remedy available under Section 17 of the SARFAESI Act . In this regard, reliance can be placed on the judgment of the Hon'ble Supreme Court in Phoenix ARC Private Limited v. Vishwa Bharati Vidya Mandir & Ors, reported in (2022) 5 SCC 345.

6. In the light of the availability of an effective alternative remedy for the petitioner before the Tribunal, without expressing any opinion on the merits of the matter, this Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.