[Order of the Court by T.S.SIVAGNANAM, J.] Heard Mr.Y.Prakash, learned counsel appearing for the writ petitioner, Mr.B.Rajesh Saravanan, learned counsel appearing for the second respondent - Bank and Mr.S.Chandrasekar, learned Government Advocate appearing for the third respondent / District Magistrate and District Collector, Tirunelveli District and perused the materials produced.
2. In this writ petition, the writ petitioner seeks for re-delivery of possession of a house property, which has been taken over by the first respondent ? Bank pursuant to the action initiated under SARFAESI Act in the capacity of secured creditors.
3. Admittedly, the property in question is in possession of the first respondent ? Bank. Furthermore, the writ petitioner has already approached the Debts Recovery Tribunal at Madurai, by filing S.A.No.69 of 2016, and the matter is pending before the Debts Recovery Tribunal. In such circumstances, the relief sought for by the writ petitioner cannot be granted at this stage and the writ petition is, therefore, liable to be dismissed.
4. In the result, the writ petition fails and it is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
To:
The District Magistrate and District Collector, Tirunelveli District, Tirunelveli..