T.Govindasamy v. The District Magistrate/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.11335 of 2015 T. Govindasamy Petitioner vs.

The District Magistrate/District Collector Kancheepuram Kancheepuram District The Authorised Officer Assistant General Manager Indian Bank Adyar Branch 91, First Main Road Gandhi Nagar Adyar, Chennai 600 020 KKAN Exporters represented by its Partner G. Vijayamani 11-A, Nellukkara Street Kancheepuram 631 502 Kancheepuram District T.L. Chitra Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to pass an order on the petition dated 13.04.2014 filed by the second respondent under Section 14 of the SARFAESI Act, 2002, to take possession of the subject matter property measuring 2381.5 sq. ft., bearing T.S. No.1771, New S.No.1771/2B at Nellukkara Street, (Annai Indira Gandhi Road), Kancheepuram, with the help of police aid and to hand over the physical possession to the petitioner by considering his representation dated 30.03.2015.

For petitioner Mr. Prabakaran for Mr. N. Manokaran For R1 Mr. P.S. Sivashanmugasundaram Special Government Pleader

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, takes notice for the first respondent. The auction purchaser of the property measuring 2,381.5 sq. ft., bearing T.S. No.1771, New S.No.1771/2B at Nellukkara Street, (Annai Indira Gandhi Road), Kancheepuram, has come up with the instant writ petition, seeking a writ of mandamus directing the first respondent-District Magistrate/Collector, to pass an order on the petition dated 13.04.

2014 filed by the second respondent-bank under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, to take possession of the property in question, with the help of police aid and to hand over the physical possession of the same to the petitioner, by considering his representation dated 30.03.2015. We have heard the learned counsel for the petitioner and also perused carefully the documents available on record. We are of the considered view that this writ petition is not maintainable, at this stage and the same is accordingly dismissed as not maintainable. However, the petitioner is at liberty to file an appropriate application, if so advised, before the first respondent-District Magistrate/District Collector, Kanchipuram. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cad

cad To The District Magistrate/District Collector Kancheepuram Kancheepuram District The Authorised Officer Assistant General Manager Indian Bank, Adyar Branch 91, First Main Road Gandhi Nagar, Adyar, Chennai 600 020 + 1 cc to Mr.N. Manokaran, Advocate SR.21458 + 1 cc Government Pleader Sr.21415 TEJ(CO) EU 29 .04.2015 W.P. No.11335 of 2015