1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.9505 of 2011 and M.P.No.1 of 2011 G.John Rajamani : Petitioner Vs. 1.The Branch Manager, Tamil Nadu Mercantile Bank Limited, Thoothukudi South Branch, 57, V.E.Road, Thoothukudi 628 002. 2.The Authorized Officer, Tamil Nadu Mercantile Bank Limited, Thoothukudi South Branch, 57, V.E.Road, Thoothukudi 628 002. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the possession notice issued by the second respondent under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, dated 26.07.2011 and quash the same as illegal and without jurisdiction, further direct the respondents to return the original title deed of the petitioner in pursuant to the land to the extent of 5.02 cents at S.No.494 at Kandasamypuram Village, Kayalpattinam. For Petitioner : Mr.V.Pethu Rajesh ORDER [Order of the Court was made BY P.JYOTHIMANI, J] As against the impugned possession notice dated 26.07.2011 issued by the second respondent under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement https://hcservices.ecourts.gov.in/hcservices/ 2 of Security Interest Act 2002, [for short "the Act"], the petitioner has got effective alternative remedy of appeal under Section 17 of the Act, and therefore, the Writ Petition stands dismissed giving liberty to the petitioner to file an appeal before the Debts Recovery Tribunal within a period of four weeks from the date of receipt of a copy of this order. It is made clear that if any such appeal is filed within the time stipulated in this order, the Debts Recovery Tribunal shall consider the same and pass appropriate orders on merits and in accordance with law without rejecting the appeal on the ground of limitation. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Branch Manager, Tamil Nadu Mercantile Bank Limited, Thoothukudi South Branch, 57, V.E.Road, Thoothukudi 628 002. 2.The Debts Recovery Tribunal, Tuticorin. NB akm/08.09.11 /2p-3c/ ORDER MADE IN W.P.(MD).No.9505 of 2011 23.08.2011 https://hcservices.ecourts.gov.in/hcservices/