W.P.(MD) No.414 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 11.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

and

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

W.P.(MD) No.414 of 2022

and

W.M.P.(MD) Nos.318 & 319 of 2022

S.Jothimani

... Petitioner

-vs-

1.The Chief Judicial Magistrate

Chief Judicial Magistrate Court

Madurai

2.The Authorized Officer

represented by Karur Vysya Bank

Annanagar Branch

Door No.149, A & B

Alagar Kovil Road

Tallakulam, Madurai

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of

India, to issue a writ of certiorarified mandamus to call for the

records relating to the impugned diary order dated 09.12.2021 in

Crl.M.P.No.898 of 2021, on the file of the first respondent, quash

the same as illegal and consequently directing the second respondent

to convert the loan type from over draft facility with working

capital term loan to one term loan for fixed in period of 20 years

to the petitioner.

For Petitioner

:

Mr.Udhayakumar.R.

For Respondents :

Mr.Madhan Alexander for R2

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W.P.(MD) No.414 of 2022

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.]

Mr.Madhan Alexander, learned Standing Counsel, takes notice

for the second respondent.

2. The order of the learned Chief Judicial Magistrate in the

proceedings initiated under the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002 is

challenged in this writ petition.

3. The learned counsel appearing for the petitioner would

submit that the subject property is an agricultural land and for the

default of the loan amount, the learned Chief Judicial Magistrate,

Madurai, has passed the interim order directing the Advocate

Commissioner to take possession of the property with Police

assistance and report before the Court on or before 06.01.2022.

4. Since the petitioner has got efficacious alternate remedy

before the Debts Recovery Tribunal, we are not inclined to entertain

this writ petition.

5. Accordingly, the writ petition is dismissed. No costs.

Consequently, connected miscellaneous petitions are closed.

Sd/-

Assistant Registrar (AE)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

Note :

In view of the present lock down owing to COVID-19 pandemic, a web

copy of the order may be utilized for official purposes, but,

ensuring that the copy of the order that is presented is the correct

copy, shall be the responsibility of the advocate / litigant

concerned.

To:

The Chief Judicial Magistrate,

Chief Judicial Magistrate Court,

Madurai.

W.P.(MD) No.414 of 2022

and

W.M.P.(MD) Nos.318 & 319 of 2022

11.01.2022

MGJ(25.01.2022) 2P 2C

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