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Madras High Court · body

2020 DAILYLAW 2773 (MAD)

K. Shanthi v. The District Magistrate

WP/6783/2020 · 2026-06-16

G Arul Murugan

Transfer Petitionbody2020

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.6783 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.06.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.6783 of 2020 K. Shanthi D/o.Krishnan Nair Proprietrix of Shanthi Clinical Lab X Ray Centre & ECG Lab Shop Nos.2 and 6 & 5 in 1st Floor Portion, Door No. 84/96A, Commercial Complex Big Street, Thiruvannamalai 606 601 Petitioner Vs 1.The District Magistrate & Collector Tiruvannamalai District Tiruvannamalai 2.The Authorized Officer & The Deputy General Manager State Bank of India Stressed Assets Management Branch Red Cross Building No.32, Red Cross Road, Egmore, Chennai 600 008 ______________ https://www.mhc.tn.gov.in/judis W.P.No.6783 of 2020 3.Gandhi 4.Senthil S/o.Gandhi Respondents 3 & 4 are at Senthil PVC Pipe Gandhi Nagar, 10th Cross Street Tiruvannamalai 600 601 5.Arumugam S/o.Krishnaswamy Mudhaliar No.25, Thiruneelagandar Street, Tiruvannamalai Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1, 3 and 4 not to harass or evict the petitioner by illegal means and also direct the respondents to give the petitioner an opportunity to contest the eviction proceedings. For Petitioner: Mr.M.Arunan for Mrs.S.Suseela Devi For Respondents: Mr.K.Kumaran Government Pleader for R1 ORDER (Order of the Court was made by the Hon'ble Chief Justice) This writ petition filed under Article 226 of the Constitution of India seeks a direction to respondents 1, 3 and 4 not to harass or evict the petitioner by illegal means and also to direct the respondents to give an opportunity to the petitioner to contest the eviction proceedings. ______________ https://www.mhc.tn.gov.in/judis W.P.No.6783 of 2020 2. Admittedly, order under Section 14 of the SARFAESI Act has already been passed, which was also put to challenge before the jurisdictional Debts Recovery Tribunal and the Tribunal has dismissed the same. 3. The main grievance of the petitioner is not to harass or evict her by illegal means. When the respondent bank had obtained order under Section 14 of the SARFAESI Act and the challenge to the same was also rejected, the prayer, as sought by the petitioner in this writ petition, cannot be acceded to exercising jurisdiction under Article 226 of the Constitution of India. Therefore, the writ petition is not maintainable. 4. Accordingly, the writ petition is dismissed. There shall be no order as to costs. (SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 16.06.2026 Index : Yes/No Neutral Citation : Yes/No bbr ______________ https://www.mhc.tn.gov.in/judis W.P.No.6783 of 2020 To: 1.The District Magistrate & Collector Tiruvannamalai District Tiruvannamalai 2.The Authorized Officer and The Deputy General Manager State Bank of India Stressed Assets Management Branch Red Cross Building No.32, Red Cross Road, Egmore, Chennai 600 008 ______________ https://www.mhc.tn.gov.in/judis W.P.No.6783 of 2020 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J. bbr W.P.No.6783 of 2020 16.06.2026 ______________ https://www.mhc.tn.gov.in/judis