1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.8402 of 2011 and M.P.Nos.1 to 3 of 2011 Wilson : Petitioner Vs. 1.The Branch Manager/ Authorized Officer, State Bank of India, Thadikarankonam Branch, Kanyakumari District. 2.The Regional Manager, State Bank of India, Regional Office, Tirunelveli. 3.The Chief General Manager, State Bank of India, Local Head Office, Mount Road, Chennai. 4.Jose Lysis Joel @ Jose : 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 on the file of the first respondent pertaining to the notice dated 21.06.2011 published in Dina Thanthi dated 28.06.2011 and quash the same and consequently directing the respondents to forthwith hand over the shop building No.4-11/12 of Kulasekaram Panchayat, Kanyakumari District, bearing Resurvey No.407/4B comprised in Thiruvattar Village, Kanyakumari District, which is in possession of the petitioner. For Petitioner : Mr.S.C.Herold Singh For Respondents 1to3 : Mr.S.Sethuraman O R D E R [Order of the Court was made BY P.JYOTHIMANI, J] The Writ Petition, on the face of it, is misconceived, since it is filed against the possession notice. As against the impugned possession notice dated 21.06.2011 issued by the first respondent under Section 13(4) of the Securitisation and Reconstruction of https://hcservices.ecourts.gov.in/hcservices/ 2 Financial Assets and Enforcement 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. 2. The learned counsel for the respondents 1 to 3 submits that possession has already been taken over. The learned counsel for the petitioner submits that some of the documents belonging to the petitioner are available in the place which has been kept by them. 3. Accordingly, respondents 1 to 3 are directed to open the place, which has been kept by them and give back all the documents belonging to the petitioner, if any, and thereafter take possession. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. [ Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Branch Manager/ Authorized Officer, State Bank of India, Thadikarankonam Branch, Kanyakumari District. 2.The Regional Manager, State Bank of India, Regional Office, Tirunelveli. 3.The Chief General Manager, State Bank of India, Local Head Office, Mount Road, Chennai. ORDER MADE IN W.P.(MD).No.8402 of 2011 07.09.2011 nb SMA/26.9.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/