YOGESH Vs. CHIEF JUDICIAL MAGISTRATE, MADURAI AND ORS.

JUDGEMENT

(1.) The petitioner has filed the above writ petition to issue a Writ of Certiorarified Mandamus to call for the records in respect of the order in Cr.M.P.No. 1524 of 2019, dated 08.01.2020 on the file of the first respondent and quash the same and further directing the respondents 2 and 3 to restore the possession of the tenanted premises, viz., basement, ground floor and first floor of the building bearing Door No.101 (now No.101 A) situated in T.S.No.134, North Perumal Maesthri Street, Madurai-625 001 to the petitioner.

(2.) It is the case of the petitioner that he is a tenant in respect of the secured asset under the third respondent. The third respondent availed loan from the second respondent Bank and committed default in repaying the loan amount, which necessitated the second respondent to initiate a proceeding under the SARFAESI Act. Subsequently, the second respondent filed a petition in Cr.M.P.No. 1524 of 2019 under Section 14 of the SARFAESI Act for taking physical possession of the property before the first respondent.

(3.) The first respondent, by order dated 08.01.2020, allowed the petition and also appointed a Commissioner to take physical possession of the secured asset. Challenging this order, the petitioner, who is a tenant, has filed the above Writ Petition.