Magma Housing Finance v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.5545 of 2019 Magma Housing Finance, rep. by its Authorised Officer M.Shiva Sudhaakar. Navin's Presidium, 7-B, B-Block, New No.17-19, Old No.103, Nelson Manickkam Road, Chennai - 600 029.

.. Petitioner -vs1.The District Collector cum District Magistrate, Thiruvarur District Collectorate, Thiruvarur District.

2.V.R.Ravishankar 3.S.Chitra .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the 1st respondent - the District Collector cum District Magistrate, Thiruvarur District to pass orders on the petitioner's application dated 09.05.2018 filed under Section 14 SARFAESI Act, 2002 forthwith.

For Petitioner : Mr.S.Giridharan For Respondent : Mr.S.Kamalesh Kannan Government Advocate for respondent No.1

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Mr.S.Kamalesh Kannan, learned Government Advocate accepts notice on behalf of the first respondent.

2. This writ petition has been filed by the petitioner seeking a writ of mandamus directing the first respondent to pass orders on the application dated 09.05.2018 filed by the petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, 'SARFAESI Act').

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first respondent.

4. Learned counsel appearing for the petitioner submitted that though the application was filed by the petitioner on 09.05.2018, the first respondent-District Collector has not disposed of the same till date. He would submit that in view of the long pendency of the matter, the petitioner is not in a position to take possession of the property.

5. Having regard to the submission made by the learned counsel for the petitioner and taking note of the limited prayer sought for in this writ petition, without expressing any opinion on the merits of the case, we direct the first respondent to consider and pass orders on the application dated 09.05.2018 filed by the petitioner under 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, after giving notice to all concerned.

6. With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar bbr

To The District Collector cum District Magistrate, Thiruvarur District Collectorate, Thiruvarur District.

+1cc to Mr.S.Giridharan , Advocate SR.No.

+1 CC TO GOVERNMENT PLEADER SR.NO. 19315 W.P.No.5545 of 2019 A.SK(20/03/2019)