WP No. 28319 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-08-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 28319 of 2025 1. S.Nagaraj S/o.Sendrayaperumal, No.2/304-74, Vasavi Nagar, Unjavelampatti, Pollachi, Coimbatore- 642 003. Petitioner(s) Vs 1. The Chief Manager Union Bank Of India, Regional Office, Coimbatore. 2.The Branch Manager Union Bank Of India, Pollachi Branch, Antony Complex, No.31, Kabeer Das Street, Venkatesa Colony, Pollachi- 642 002. 3.A.J.Ahmed Ashwaq, S/o.Jainulabdeen, Proprietor, M/s.J.A.Traders, No.5/145, Sethumadai Road, Subbe Gounden Pudur, Ambarampalayam Post, Pollachi Taluk, Coimbatore- 642 103. 4.Mrs.Asm Nasath W/o.A.J.Ahmed Ashwaq, No. 5/145, Sethumadai Road, https://www.mhc.tn.gov.in/judis WP No. 28319 of 2025 Subbe Gounden Pudur, Ambarampalayam Post, Pollachi Taluk, Coimbatore- 642 103. 5.E.Abhudula S/o.Ebrahim, No.9-a, Moidheenkhan Street, Anaimalai Post, Pollachi Taluk, Coimbatore- 642 104. Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 1st Respondent bank to forthwith handover actual physical possession of the property comprised in S.F. No.207/ 1, Door No. 5/145, Marchanaickenpalayam village, Pollachi Taluk, Coimbatore District, measuring 0.12.0 hectares, to the petitioner, in accordance with the sale certificate dated 13.05.2024 and the order passed in Crl. M.P. No. 24245 of 2024 dated 05.02.2025 by considering the petitioners representation dated 19.06.2025 and pass orders. For Petitioner(s): R.Kannan For Respondent(s): Mr.S.Shunmuga Raja, for M/s.Chennai Law Firm ORDER This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent bank to hand over the physical possession of the subject property to the petitioner pursuant to the sale certificate dated 13.05.2024 executed by the respondent https://www.mhc.tn.gov.in/judis WP No. 28319 of 2025 bank in favour of the petitioner. 2. Heard Mr.D.R.Arun Kumar, learned counsel for the petitioner and Mr.S.Shanmuga Raja, learned cousnel for respondents 1 and 2. 3. The petitioner is an auction purchaser and on remitting the entire sale consideration, sale certificate dated 13.05.2024 has been issued in favour of the petitioner. Thereafter, the bank also filed an application under Section 14 of the SARFAESI Act before the Chief Judicial Magistrate, Coimbatore in Crl MP No.24245 of 2024 and an order was passed on 30.12.2024 for taking possession of the property and an advocate commissioner was appointed, who was permitted to take the necessary assistance from the police and revenue officials. 4. The grievance expressed by the petitioner is that the respondent bank was not taking effective steps to enable the Advocate Commissioner to take possession of the property and as a result, the present writ petition has been filed before this Court seeking for a direction to the respondent bank to take physical https://www.mhc.tn.gov.in/judis WP No. 28319 of 2025 possession and hand over the same to the petitioner. 5. When the matter was taken up for hearing today, it was brought to the notice of this Court that the borrowers have filed SA No.360 of 2024 and the same is pending before the DRT, Coimbatore. In this appeal, a stay petition has also been filed in IA No.1686 of 2024. It was brought to the notice of the presiding officer that the property has already been sold in favour of the petitioner and the sale certificate has also been issued and therefore, the Tribunal directed the borrowers to take necessary steps to implead the auction purchaser as a party. The proceedings are pending. 6. The respondent bank is not able to take over physical possession, since the claim is pending before the Tribunal is SA No.360 of 2024. 7. In the considered view of this Court, the petitioner is now going to be made as a party before the DRT. Therefore, the petitioner can always seek for a direction before the DRT for taking physical possession of the property. The main appeal is pending before the DRT and hence, the DRT can deal with this also. It will be https://www.mhc.tn.gov.in/judis WP No. 28319 of 2025 appropriate if all the issues are dealt with by the same forum rather than passing an independent order in a writ petition. 8. In the light of the above discussion, there shall be a direction to the DRT, Coimbatore, to deal with the application submitted by the petitioner along with SA No.360 of 2024 and pass final orders after affording opportunity to all the parties concerned, within a period of six weeks from the date of receipt of a copy of this order. 9. This writ petition is disposed of with the above directions. No costs. 26-08-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 28319 of 2025 To 1.The Chief Manager Union Bank Of India, Regional Office, Coimbatore. 2.The Branch Manager Union Bank Of India, Pollachi Branch, Antony Complex, No.31, Kabeer Das Street, Venkatesa Colony, Pollachi- 642 002. 3.A.J.Ahmed Ashwaq, S/o.Jainulabdeen, Proprietor, M/s.J.A.Traders, No.5/145, Sethumadai Road, Subbe Gounden Pudur, Ambarampalayam Post, Pollachi Taluk, Coimbatore- 642 103. 4.Asm Nasath W/o.A.J.Ahmed Ashwaq, No. 5/145, Sethumadai Road, Subbe Gounden Pudur, Ambarampalayam Post, Pollachi Taluk, Coimbatore- 642 103. 5.E.Abhudula S/o.Ebrahim, No.9-a, Moidheenkhan Street, Anaimalai Post, Pollachi Taluk, Coimbatore- 642 104. https://www.mhc.tn.gov.in/judis WP No. 28319 of 2025 N.ANAND VENKATESH J. rka WP No. 28319 of 2025 26-08-2025 https://www.mhc.tn.gov.in/judis