1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.14815 of 2011 and M.P.(MD)No.1 of 2011 Dr.O.Kannappan ... Petitioner vs. 1.The Authorized Officer/The Chief Manager, Syndicate Bank, Coimbatore Main Branch, Oppanakara Street, Coimbatore. 2.The Manager, Syndicate Bank, Theni Branch, Theni. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records in respect of the notice of sale by inviting tenders/public auction, dated 30.11.2011 issued by the first respondent in respect of the petitioner's properties, published in the English Daily namely "The Hindu" dated 01.12.2011 to quash the same. For Petitioner : Mr.R.R.Thamothar Raj *** O R D E R The petitioner has come up with the above writ petition challenging the auction notice. 2. Heard Mr.R.R.Thamothar Raj, learned Counsel for the petitioner. 3. The petitioner is admittedly the Managing Trustee of a Trust by name V.N.Public Health and Educational Trust. It is registered under the Trust Act, 1882. The Trust had borrowed money from the bank, but failed to repay. The Trust has properties, which have been offered as security for the due repayment of the loan. 4. The grievance of the petitioner is two fold, namely, (a) that without serving the notices under Section 13(2) and 13(4) of the Surfaesi Act 2002 on him, in his capacity as guarantor, the respondent is bringing his property to sale; and https://hcservices.ecourts.gov.in/hcservices/ 2 (b) that without bringing the property of the principal borrower to sale, they are proceeding against the properties of the guarantor. 5. But in the case of a Trust, such differences may not exist. Therefore, the only recourse that the petitioner should have is to file an application under Section 17 of the Sarfaesi Act before the D.R.T. Since even an auction notice is covered by the measures prescribed under Section 13(4) of the Sarfaesi Act, it is not too late for the petitioner to go before the D.R.T. 6. Hence giving liberty to the petitioner to go before the D.R.T, this Writ Petition is dismissed. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To 1.The Authorized Officer/The Chief Manager, Syndicate Bank, Coimbatore Main Branch, Oppanakara Street, Coimbatore. 2.The Manager, Syndicate Bank, Theni Branch, Theni. W.P.(MD)No.14815 of 2011 and M.P.(MD)No.1 of 2011 22.12.2011 pm RJ/4.1.12 2p/3c https://hcservices.ecourts.gov.in/hcservices/