1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition(MD)No.11563 of 2011 S.Sheik Abdul Kadhar ... Petitioner Vs. 1.The Authorized Officer, State Bank of Hyderabad, 95, West Perumal Maistry Street, Madurai-1. 2.The Authorised Officer, State Bank of Hyderabad, Regional Office, Chennai. 3.Devi. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari, calling for the entire records with respect to sale certificate dated 20.09.2011 issued by the 2nd respondent in favour of 3rd respondent with respect to property situated in Old R.S.No.89/4, New R.S.No.89/4A to the extent of 773 ½ sq.ft at Angayarkanni Street, Jeeva Nagar II street, Madurai and set aside the same. For Petitioner : Mr.M.Seeni Sulthan O R D E R The petitioner has come up with the above writ petition challenging a sale certificate issued by the Authorised Officer of the State Bank of Hyderabad, in respect of a property offered as security to them. 2.Heard Mr.M.Seeni Sulthan, learned counsel for the petitioner. 3.The main ground on which the petitioner has come up with the above writ petition, challenging the sale certificate issued by the Authorised Officer in exercise of the powers conferred under Rule 12 of the Security Interest (Enforcement) Rules, 2002 is that everything has been done in a hurried manner by the Authorised Officer immediately after taking possession. But that is not a ground on which a writ petition can be filed. 4.The law is clear that in respect of any of the measures taken under Section 13(4) of the SARFAESI Act, 2002, the aggrieved person should go only before the Debts Recovery Tribunal by way of appeal under Section 17 of the SARFAESI Act, 2002. In very limited cases where fraud is alleged under extraordinary circumstances, it may even be open to the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner to go to the Civil Court. In those cases, the Tribunal or the Civil Court as the case may be can even go into the questions of fact which a Writ Court cannot do. Therefore, this writ petition is dismissed. Office is directed to return the sale certificate to the petitioner to enable him to work out his remedy before the appropriate forum. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Crl.Side) /True copy/ Sub Assistant Registrar(CS) To 1.The Authorized Officer, State Bank of Hyderabad, 95, West Perumal Maistry Street, Madurai-1. 2.The Authorised Officer, State Bank of Hyderabad, Regional Office, Chennai. Copy to The Section Officer, Current Section, Madurai Bench of Madras High court, Madurai +1cc to Mr.M.Seenisulthan, Advocate, SR.No.35004 sms GH : 10.10.2011 : 2p/5c Writ Petition(MD)No.11563 of 2011 10.10.2011 https://hcservices.ecourts.gov.in/hcservices/