BRIGHT RAJENDRAN Vs. TAMILNAD MERCANTILE BANK LTD

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed in Crl.M.P.No.4286 of 2021, dtd. 28/7/2021, on the file of the Chief Judicial Magistrate No.II, Nagercoil and quash the same and consequently, forbear the respondents from dispossessing the petitioners from the properties measuring an extent of 17.500 cents and a house standing thereon in R.S.No.481/1A2B in Madichal desma, Vilavancode Village, Vilavancode Taluk, Kanyakumari District.

(2.) The petitioners have challenged the order passed under Sec. 14 of the SARFAESI Act by the Chief Judicial Magistrate No.II, Nagercoil, in this writ petition. When the petitioners have got an alternate remedy available to them under Sec. 17 of the SARFAESI Act, the petitioners without exhausting the same, for filing the above writ petition, the Honourable Supreme Court in the following judgments held that the writ petition filed by the aggrieved party challenging the proceedings initiated under the SARFAESI Act, is not maintainable.

(3.) In Authorized Officer, State Bank of Travancore and another Vs. Mathew K.C., reported in (2018) 3 SCC 85, wherein the Hon'ble Supreme Court held as follows:-