1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8163 of 2011 and M.P(MD)Nos.2 and 3 of 2011 1.Kennedy 2.Josephin .. Petitioners Vs. 1.The Zonal Manager, ICICI Home Finance Company Ltd., Lakshmi 'A' Grade No.A-10, 2nd Floor, 11th Cross, Thillainagar, Trichy-18. 2.The Collection Manager, Sub Associates, Opp. to Uzhavar Santhai, North Mathavi Road, Perambalur. .. Respondents PRAYER: Writ Petition is 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 order passed by the Chief Judicial Magistrate, Perambalur dated nil and quash the same is arbitrary and illegal and consequently direct the first respondent to hand over the property of Plot No.12, Door No.5/191-C in S.F.No.342/2 situated at Annamangalam, Veppanthattai Taluk, Perambalur District. For Petitioner : Mr.N.R.Murugesan For R-1 : Mr.Pala.Ramasamy For R-2 : No Appearance O R D E R This Writ Petition has been filed to quash the impugned order passed by the Chief Judicial Magistrate, Perambalur and consequently direct the first respondent to hand over the property of Plot No.12, Door No.5/191-C in S.F.No.342/2 situated at Annamangalam, Veppanthattai Taluk, Perambalur District. 2. Heard Mr.N.R.Murugesan, learned counsel for the petitioners and Mr.Pala.Ramasamy, learned counsel, who takes notice for R-1. 3. By consent, the Writ Petition itself is taken up for final hearing. 4. This Writ Petition has been filed challenging the order of the Chief Judicial Magistrate, Perambalur, dated 09.05.2011. The only grievance stated by the petitioner is that they do not have knowledge about the entire proceedings. The petitioners in the typed set of papers relied upon the application filed by the first respondent before the Chief Judicial Magistrate, Perambalur particularly to https://hcservices.ecourts.gov.in/hcservices/ 2 Paragraph No.7 and stated that the 13(2) notice in terms of the SARFAESI Act 2002 was returned. Therefore, there was no proper service even as per the respondent statement before the Court below. However, on going through the later part of Paragraph No.7, it has been clearly stated that the petitioners herein after noticing the newspaper publication of 13(2) proceedings, have sent a reply to the respondent bank which has also been replied. In other words, even though the first notice was not served on the petitioners for whatever reason, the petitioners are aware of the 13(2) proceedings as per paper publication and they could have taken action to defend their claim in the proper forum. Therefore, the petitioners are not justified in challenging the proceedings of the Chief Judicial Magistrate, Perambalur stating that it is in violation of principles of natural justice. If at all they are aggrieved by the order of the Chief Judicial Magistrate, the petitioners will have to seek recourse before the competent forum in the criminal jurisprudence and not by way of a Writ Petition under Article 226 of the Constitution of India. The petitioner will have to pursue the alternative remedy as may be advised and available in law. This Court is not inclined to exercise its jurisdiction under Article 226 of the Constitution of India, in the case of this nature. 5. In view of the plea made by the learned counsel for the petitioners, liberty is given to the petitioners to approach the bank for settling the dues and for restoration of the property. The respondents at their discretion may consider the same, in accordance with law. 6. The Writ Petition for the above stated reasons, is not maintainable. This Writ petition is therefore, dismissed. No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Zonal Manager, ICICI Home Finance Company Ltd., Lakshmi 'A' Grade No.A-10, 2nd Floor, 11th Cross, Thillainagar, Trichy-18. 2.The Collection Manager, Sub Associates, Opp. to Uzhavar Santhai, North Mathavi Road, Perambalur. W.P.(MD)No.8163 of 2011 22.07.2011 pm/SMA/2.8.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/