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Madras High CourtWP/4516/2024disposed of

Encore Asset Reconstruction Company Private Limited, v. The District Collector And District Magistrate,

2024-03-05Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Encore Asset Reconstruction Company Private Limited, No.101, Executive Zone, Shakthi Tower 1, Ground Floor, 766, Anna Salai Mount Road, Chennai 600 002, Rep. by its Authorised Officer, Mr.K.Nagendran. ..

Petitioner -vs1. The District Collector and District Magistrate, New Collector Office, Nagapattinam-Coimbatore-Gundlupet Highway, AVP Azhagammal Nagar, Thanjavur District 613 010.

2. The Revenue Divisional Officer, RDO Office, Kumbakonam Taluk, Thanjavur Ditrict.

3. The Thasildar, SH 22, Anna Nagar, Kumbakonam Taluk, Kumbakonam 612 001.

4. M/s.Sri Nithis Pharma Rep. by its Proprietor Mrs.K.Geetha

5. P.Kannan

6. V.Kalidass

7. K.Mala .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to implement the order of the 1st respondent in Rc.No.9482/2019/C1 dated 09.08.2019 and handover the physical possession of the schedule property to the petitioner within a time frame fixed by this Court.

For the Petitioner :

Mr.L.Thiyagaiya For the Respondents :

Mr.T.K.Saravanan, Government Advocate for RR 1 to 3 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.L.Thiyagaiya, learned counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate for respondent Nos.1 to 3.

2. The learned Government Advocate, on instructions, submits that if there is no stay operating against the order passed under Section 14 of the SARFAESI Act, then within a period of three

months, the said order would be executed.

In view of the said statement, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 05.03.2024 Index : Yes/No : Yes/No sra To

1. The District Collector and District Magistrate, New Collector Office, Nagapattinam-Coimbatore-Gundlupet Highway, AVP Azhagammal Nagar, Thanjavur District 613 010.

2. The Revenue Divisional Officer, RDO Office, Kumbakonam Taluk, Thanjavur Ditrict.

3. The Thasildar, SH 22, Anna Nagar, Kumbakonam Taluk, Kumbakonam 612 001.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) 05.03.2024