ANBALAGAN v. THE AUTHORIZED OFFICER OF APTUS VALUE HOUSING,
WP/30291/2024 · 2026-07-06
G Arul Murugan
Transfer Petitionbody2024
DailyLaw.ai
[ 2024 DAILYLAW 4596 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 4596 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP No.30291 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.07.2026 CORAM THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN WP No.30291 of 2024 and WMP Nos.32972 and 32973 of 2024 Anbalagan .. Petitioner -vs-
1. The Authorised Officer of Aptus Value Housing Finance India Ltd., 88, Dhosi Towers, 205, Poonamallee High Road, Kilpauk, Chennai 600 010.
2. The Manager of Aptus Value Housing Finance India Ltd., Kallakurichi. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned attachment notice of the 1st respondent dated 09.08.2024 and quash the same and direct the 1st respondent bank not to proceed for attaching the petitioner’s premises which is situated in old survey No.212/8B and new survey No.361/4, to the extent of 0.006 cents in Ulagankathan Village, Kallakurichi Taluk and District. https://www.mhc.tn.gov.in/judis
WP No.30291 of 2024 For Petitioner : Mr.M.Senthilkumar * * * * *
ORDER (Order of the Court was made by the Hon'ble Chief Justice) This petition filed under Article 226 of the Constitution of India challenges the attachment notice dated 09.08.2024 issued by respondent No.1 under Section 13(4) of the SARFAESI Act.
2. At the outset, we find that the writ petition is not maintainable on two counts: (1) this writ petition has been filed seeking writ of mandamus against the private banks, which are not instrumentalities of the State as defined under Article 12 of the Constitution of India; and (2) the impugned notice under Section 13(4) of the SARFAESI Act can only be assailed by availing the statutory remedy of filing appeal under Section 17 of the SARFAESI Act. https://www.mhc.tn.gov.in/judis
WP No.30291 of 2024 In view of the above, we refrain from entertaining this writ petition and accordingly, the same is dismissed. There shall be no
order as to costs. Consequently, the interim application stands closed.
(SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 06.07.2026 Index : Yes/No Neutral Citation : Yes/No sra To
1. The Authorised Officer of Aptus Value Housing Finance India Ltd., 88, Dhosi Towers, 205, Poonamallee High Road, Kilpauk, Chennai 600 010.
2. The Manager of Aptus Value Housing Finance India Ltd., Kallakurichi. https://www.mhc.tn.gov.in/judis
WP No.30291 of 2024 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J. (sra) WP No.30291 of 2024 06.07.2026 https://www.mhc.tn.gov.in/judis