[Order of the Court was made by R.SUBBIAH, J.] The present Writ Petition has been filed seeking for the issuance of a Writ of Certiorari, to call for the records relating to the impugned possession notice issued by the respondent in his proceedings Nil dated 03.01.2017 and quash the same as illegal, without jurisdiction and contrary to the provisions of the SARFAESI Act, 2002.
2. The only ground raised by the learned counsel for the petitioners is that even the Bank itself has admitted that the land is only an agricultural land, but the petitioners herein have constructed a godown in a portion of the land. Therefore, according to the Bank, the construction converts the nature of the land and hence, they are entitled to possession. However, according to the learned counsel for the petitioners, the construction made by the petitioners will not change the nature of classification. Therefore, the possession notice issued by the Bank is illegal.
3. However, in our considered view, the petitioners are having an alternative remedy before the Debts Recovery Tribunal. Therefore, the Writ Petition is dismissed, by giving liberty to the petitioners to approach the Debts Recovery Tribunal and the petitioners can very well canvass all the points including the grounds raised herein, before the Tribunal. No costs. Consequently, the connected miscellaneous petition is closed..