M/S.Mahindra Rural Housing Finance Limited v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2022 CORAM :

THE HON'BLE MR. JUSTICE M. DURAISWAMY AND THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI W.P. No.2147 of 2022 M/s. Mahindra Rural Housing Finance Limited, Rep. By its Authorized Signatory, Mr. B. Ramesh, Deputy Manager, Having Registered Office at No.621, SIRE Mansion,2nd Floor, Anna Salai, Above KhivajMaruti Show Room, Chennai - 600 006

...Petitioner

vs.

1. The District Collector, District Collector's Office, Tiruvannamalai.

2. M. Selvam

3. M.Vinoth Kumar

4. S. Radhika

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, directing the District Collector, Thiruvannamali to dispose of the application in Ka.No.C2/24742/2018, dated 31.07.2018, within the time frame fixed by this Court.

For Petitioner : Ms. A.S. Neela Narayani For Respondent : Mr. S.Ravikumar, Special Govt. Pleader

O R D E R

(Order of the Court made by M.DURAISWAMY,J.) The petitioner, who is the secured creditor, has filed the above Writ Petition to issue a Writ of Mandamus, directing the 1st respondent-District Collector to dispose of the application dated 31.07.2018 filed under section 14 of the SARFAESI Act, within a time frame.

2. Ms. A.S. Neela Narayani, learned counsel appearing for the petitioner submitted that though the petitioner has filed the application as early as on 31.07.2018, the 1st respondent has not disposed of the same yet.

3. Mr. S.Ravikumar, learned Special Government Pleader, taking notice for the respondents, submitted that the 1st respondent may be directed to dispose of the petitioner's application dated 31.07.2018, within a period of six weeks.

4. As per section 14 of the SARFAESI Act, an application filed under section 14, should be disposed of within a period of 60 days from the date of the presentation of the application. In the case on hand, though the application was filed as early as on 31.07.2018, the 1st respondent has not disposed of the same till today.

5. In these circumstances, taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 1st respondent to dispose of the petitioner's application dated 31.07.2018, filed section 14 of the SARFAESI Act, on merits and in accordance with law, within a period of six weeks, from the date of receipt of a copy of this order. With this observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar Rj

To The District Collector, District Collector's Office, Tiruvannamalai.

+1 CC to M/s. A.S. Neela Narayani, Advocate sr 9464 +1 CC to The Government Pleader sr 9187.

W.P. No.2147 of 2022 GPL(CO) SP(23/02/2022)