Arunmozhi Alias Raniammal vs The Authorized Officer, Indian ...
2026 Latest Caselaw 2703 Mad

Madras High Court

Arunmozhi Alias Raniammal vs The Authorized Officer, Indian ... on 21 May, 2026

Author: G. R. Swaminathan

Bench: G. R. Swaminathan

WP No. 20254 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-05-2026 CORAM THE HON'BLE MR JUSTICE G. R. SWAMINATHAN AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN WP No. 20254 of 2026 AND WMP Nos. 21693 OF 2026,WMP NO. 21694 OF 2026

Arunmozhi Alias Raniammal W/o.(Late) A.V.Duraisamy, No.100, Venkatachalapathi Nagar, Pichanoor, Gudiyattam Town and Taluk, Vellore- 632 602.

..Petitioner Vs

1. The Authorised Officer Indian Overseas Bank Gudiyatham Branch, 42, Kosa Annamalai Street, Ambapuram, Gudiyattam, Vellore- 632 602.

2. K.Kalaiyarasan, Advocate commissioner (Enrol No.Ms.2772/ 2014) Ph- 89460 83238 C/o.Vellore District court Bar Association, Vellore District Court campus, Vellore- 632 009.

..Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the docket order dated 18.05.2026 made in Cr.M.P. No.1204 of 2026 pending on the file of the learned Chief Judicial Magistrate, Vellore, quash the same and Consequently forbear the respondents, their men, agents or anybody acting under them from taking Physical possession of the petitioners property situated at No.100, Venkatachalapathi Nagar, Pichanoor, Gudiyattam Town, Gudiyattam Taluk,Vellore District- 632 602 pending disposal of S.A.No. 42 of 2026 before the Debts Recovery Tribunal -II, Chennai.

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For Petitioner : Mr.N.Mahendra Babu For Respondents : Notice dispensed with

Order (Order of the Court was made by G.R.Swaminathan J.)

Heard the learned counsel for the petitioner. Considering the nature of relief

to be granted, issuance of a notice to the respondents is dispensed with.

2. The petitioner has borrowed money from the first respondent bank. She

committed default. Hence, proceedings under the SARFAESI Act were taken. The

bank had approached the jurisdictional Chief Judicial Magistrate, Vellore and

obtained an order under Section 14 of the Act. In the meanwhile, the petitioner

filed a SARFAESI appeal before the Debts Recovery Tribunal challenging the sale

notice. The petitioner apprehends that, if in the meanwhile she is dispossessed, her

appeal may become infructuous.

3. We indicated to the learned counsel that he can as well file an appeal

before the Debts Recovery Tribunal questioning the order dated 18.05.2026 passed

by the Chief Judicial Magistrate, Vellore under Section 14 of the Act. Learned

counsel for the petitioner submitted that only with the certified copy he can

approach the Tribunal. He drew our attention to the averments made in Para 18 of

the affidavit filed in support of the writ petition. He also stated that even though

copy application has been submitted, certified copy is yet to be issued.

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4. We therefore direct the learned Chief Judicial Magistrate, Vellore to

forthwith issue the certified copy of the order dated 18.05.2026 made in

Crl.M.P.No.1204 of 2026 filed by the first respondent. For a period of 15 days after

issuing the certified copy of the order, no warrant shall be issued to the Advocate

Commissioner and if the warrant has already been issued, it shall not be executed

for the said period of 15 days.

5. With the above directions, the writ petition is disposed of. No costs.

Consequently, connected miscellaneous petitions are closed.

(G.R.S.,J.) (V.L.N.,J.) 21-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

KST

To

1. The Authorised Officer Indian Overseas Bank Gudiyatham Branch, 42, Kosa Annamalai Street, Ambapuram, Gudiyattam, Vellore- 632 602.

2. K.Kalaiyarasan, Advocate commissioner (Enrol No.Ms.2772/ 2014) Ph- 89460 83238 C/o.Vellore District court Bar Association, Vellore District Court campus, Vellore- 632 009.

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G.R.SWAMINATHAN J.

AND V.LAKSHMINARAYANAN J.

KST

21-05-2026

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