1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH W.P.(MD)No.5773 of 2011 and M.P.(MD)No.1 of 2011 R.Prakasam : Petitioner Vs. 1.The Authorized Officer/ The Chief Manager, Tamil Nadu Mercantile Bank Limited, 280, Madurai Road, Virudhunagar. 2.G.Raju 3.V.Karuppiah : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Declaration, declaring the action of the first respondent in proceeding under the SARFAESI Act in confirming the sale in respect of the properties of the petitioner in S.No.214/1 to the extent of 1 Acre 83 Cents and the house building thereon in Door No.4/831 in Soolakarai Village, Aruppukottai Taluk in Virudhunagar District and a vacant land to the extent of 5.49 cents in S.No.2/3 in Ayan Pulliangullam Village, Virudhunagar Taluk, Virudhunagar District in favour of the respondents 2 and 3 as arbitrary, illegal, unconstitutional and ultra vires the provisions of SARFAESI Act and Security Interest (Enforcement) Rules, 2002. For Petitioner : Mr.M.Michael Bharathi ORDER [Order of the Court was made by K.SUGUNA, J] This Writ Petition is filed with the following prayer: "To issue a Writ of Declaration, declaring the action of the first respondent in proceeding under the SARFAESI Act in confirming the sale in respect of the properties of the petitioner in S.No.214/1 to the extent of 1 https://hcservices.ecourts.gov.in/hcservices/ 2 Acre 83 Cents and the house building thereon in Door No.4/831 in Soolakarai Village, Aruppukottai Taluk in Virudhunagar District and a vacant land to the extent of 5.49 cents in S.No.2/3 in Ayan Pulliangullam Village, Virudhunagar Taluk, Virudhunagar District in favour of the respondents 2 and 3 as arbitrary, illegal, unconstitutional and ultra vires the provisions of SARFAESI Act and Security Interest (Enforcement) Rules, 2002." 2. Since there is an alternative remedy available, we are not inclined to entertain this Writ Petition. However, the petitioner is given two weeks time from today to avail the alternative remedy available under the relevant Act and for a period of two weeks, the first respondent is restrained from taking any further action with regard to the property in question. 3. With this, the Writ Petition is disposed of. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (P&A)/ Vacation Officer /True Copy/ Sub Assistant Registrar To The Authorized Officer/ The Chief Manager, Tamil Nadu Mercantile Bank Limited, 280, Madurai Road, Virudhunagar. +1 CC to Mr.M.Michael Bharathi, Advocate (SR.No.17044) Order made in W.P.(MD)No.5773 of 2011 Dated:- 01.06.2011 NB/SML NSV/2.6.11/2P/3C https://hcservices.ecourts.gov.in/hcservices/