Madras High Court

WP/10099/2026 of BHARATHIYAR Vs THE UNION OF INDIA on 25 August 2026

Cites 4, Cited by 0

WP No. 10099 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-08-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN

WP No. 10099 of 2026

and

WMP Nos.10897 & 10899 of 2026

Bharathiyar

..Petitioner(s)

Vs

1. The Union Of India

Represented by its Secretary,

Ministry of Finance (Department of Economics Affairs), New Delhi-110001.

2. The Debts Recovery Tribunal

7th Floor,

Additional Office Building,

Shastri Bhawan, Haddows Road,

Chennai-600 006.

3. Shri S.V. Gowramma

The Debts Recovery Tribunal III,

7th Floor,

Additional Office Building,

Shastri Bhawan, Haddows Road,

Chennai-600 006.

4. The Authorized Officer

HDB Financial Services Ltd.,

4th Floor, Loyal Towers,

68/2 Greams Road,

Chennai-600 006.

5. The Debt Recovery Appellate Tribunal (DRAT)

7th Floor, Additional Office Building,

Shastri Bhavan, Haddows Road,

Chennai-600 006.

..Respondent(s)

WP No. 10099 of 2026

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Quo Warranto calling upon Respondent No.3rd to show under what authority of law he holds the public office of Chairperson of Debt Recovery Appellate Tribunal Chennai and consequently declare that the appointment of Respondent No. 3rd pursuant to the Commencement of Tribunal Reforms Act, 2021 in F.No.08/12/2024-DRT dated 01.08.2024 is illegal unconstitutional, and void ab initio in view of the judicial precedents in R. Gandhi V. Union of India (2010) 11 SCC 18,Rojer Mathew v. South Indian Bank (2020) 6 SCC 1

Rojer Mathew v. South Indian Bank (2020) 6 SCC 1 Madras Bar Association

v. Union of India, (2021) 7 SCC 369 Madras Bar Association v. Union of India

(2022) 12 SCC 455 Madras Bar Association v. Union of India (2025) SCC

Online SC 2498 and is violative of Articles 540 of the Constitution of India.

For Petitioner(s):

MR.S. AJITH

For Respondent(s):

Mr. J.VASU, SPC FOR R1

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ORDER

(Order of the Court was made by S.M.Subramaniam J.) When the matter is taken up for hearing, learned counsel for the petitioner seeks permission of this Court to withdraw this petition. He has also made an endorsement to that effect.

2. In view of the above submission and as per the endorsement made, the present Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (K.G.R.,J.) 25-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SLI

WP No. 10099 of 2026

To

1. The Union Of India Represented by its Secretary, Ministry of Finance (Department of Economics Affairs), New Delhi-110001.

2. The Debts Recovery Tribunal 7th Floor, Additional Office Building, Shastri Bhawan, Haddows Road, Chennai-600 006.

3. Shri S.V. Gowramma The Debts Recovery Tribunal III, 7th Floor, Additional Office Building, Shastri Bhawan, Haddows Road, Chennai-600 006.

4. The Authorized Officer HDB Financial Services Ltd., 4th Floor, Loyal Towers, 68/2 Greams Road, Chennai-600 006.

5. The Debt Recovery Appellate Tribunal (DRAT) 7th Floor, Additional Office Building, Shastri Bhavan, Haddows Road, Chennai-600 006.

WP No. 10099 of 2026

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. SLI WP No. 10099 of 2026 25-08-2026

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