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2025 DAILYLAW 87457 (MAD)

MOHAMMED IHSANULLAH v. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

WP/32501/2025 · 2025-08-28

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.32501 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.08.2025 CORAM : THE HON'BLE MR. JUSTICE N.ANAND VENKATESH W.P.No.32501 of 2025 Mohammed Ihsanullah S/o Abdul Rasheed .. Petitioner v. 1. The Additional Chief Secretary to Government Revenue and Disaster Management Tamil Nadu Secretariat Chennai 600 009 2. District Collector District Collector's Office Rajaji Road, Beach Road George Town, Chennai 600 001 3. Revenue Divisional Officer Revenue Divisional Office Guindy, Chennai 600 032 4. Tahsildar Sholinganallur Taluk Office No.1, Rajiv Gandhi Road Sholinganallur Chennai 600 119 ____________ https://www.mhc.tn.gov.in/judis W.P.No.32501 of 2025 5. Revenue Inspector Sholinganallur Taluk Office No.1, Rajiv Gandhi Road Sholinganallur Chennai 600 119 6. The Manager Canara Bank Asset Recovery Branch Teynampet, Chennai 7. Padmavathy W/o Rajasekar .. Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to dispose of the petitioner's representation dated 12.07.2025 to restore the possession of the shop premises bearing door No.14, Madipakkam Main Road, Kaiveli, Ram Nagar South, Pallikaranai, Chennai 600 091 and to take appropriate action against the respondents 4 & 5. For Petitioner :: Mr.K.A.Mariappan For Respondents :: Mr.G.Velu Additional Government Pleader for R1 to R5 Mr.R.Sreedhar Standing Counsel for R6 ORDER This writ petition has been filed for issuance of a mandamus to the respondents 1 to 3 to dispose of the representation made by the petitioner on ____________ https://www.mhc.tn.gov.in/judis W.P.No.32501 of 2025 12.07.2025, wherein the petitioner has alleged that possession has been taken with respect to a different property, and whereas permission was granted under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act for possession of the property which was given as a security. 2. When the matter was taken up for hearing today, the learned Standing Counsel appearing on behalf of the sixth respondent produced the written instructions received from the fourth respondent. On going through the same, it is seen that the sixth respondent has taken a stand that action was taken pursuant to the order passed by this Court in C.M.P.No.7802 of 2023 dated 04.03.2024 with the help of the Advocate Commissioner. 3. In the considered view of this Court, this Court, exercising its jurisdiction under Article 226 of the Constitution of India, cannot go into disputed facts. In any case, the petitioner has an alternative remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act to approach the concerned Debts ____________ https://www.mhc.tn.gov.in/judis W.P.No.32501 of 2025 Recovery Tribunal and workout his remedy. If ultimately, instead of the secured asset, possession has been taken with respect to a different property, that can also be dealt with by the Debts Recovery Tribunal considering the powers vested with the said forum. Therefore, except giving this liberty, no further orders can be passed in this writ petition. 4. This writ petition is disposed of in the above terms. No costs. Index : yes/no 28.08.2025 Neutral citation : yes/no ss To 1. The Additional Chief Secretary to Government Revenue and Disaster Management Tamil Nadu Secretariat Chennai 600 009 2. The District Collector District Collector's Office Rajaji Road, Beach Road George Town, Chennai 600 001 ____________ https://www.mhc.tn.gov.in/judis W.P.No.32501 of 2025 3. The Revenue Divisional Officer Revenue Divisional Office Guindy, Chennai 600 032 4. The Tahsildar Sholinganallur Taluk Office No.1, Rajiv Gandhi Road Sholinganallur Chennai 600 119 5. The Revenue Inspector Sholinganallur Taluk Office No.1, Rajiv Gandhi Road Sholinganallur Chennai 600 119 6. The Manager Canara Bank Asset Recovery Branch Teynampet, Chennai ____________ https://www.mhc.tn.gov.in/judis W.P.No.32501 of 2025 N.ANAND VENKATESH,J. ss W.P.No.32501 of 2025 28.08.2025 ____________ https://www.mhc.tn.gov.in/judis