K.Sellamuthu v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.12729 of 2021 K.Sellamuthu .. Petitioner vs.
1. The Secretary to Government Ministry of Financial Services Ministry of Finance Government of India 3rd Floor, Jeevan Deep Building 10, Parliament Street New Delhi.
2. The Presiding Officer Debt Recovery Tribunal 2nd and 3rd Floor, Jawan's Bhavan 27, T.B.Road Coimbatore - 641 018.
3. Reserve Bank of India rep. by Banking Ombudsman 16, Rajaji Salai, Fort Glacis Chennai - 600 001.
4. The Branch Manager Axis Bank Limited Muthur Road, Vellakoil - 638 111 Kangayam Taluk Tirupur District.
5. The Authorized Officer Axis Bank Limited Agri Centre 56, 1st Floor, Bharathi Park 2nd Cross Road, Saibaba Colony Coimbatore - 641 011.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the second respondent not to entertain the banks for
invoking the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act (RDDBFI) Act and SARFAESI Act regarding agriculturists crop loans mortgaged by the agricultural lands involved.
For Petitioner : Mr.C.Prakasam
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The petitioner seeks a general order requiring agricultural land not to be auctioned in proceedings instituted under the Recovery of Debts and Bankruptcy Act, 1993 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
2. The two statutes are inter-related and in view of Section 31 of the Act of 1993, agricultural land cannot be accepted by way of security nor sold in course of proceedings instituted under the said Act.
3. In any event, these are matters which ought to be left to the individual cases and for which no public interest litigation can be entertained, particularly when there is a provision in the statute taking care of the interest of persons holding agricultural land.
W.P.No.12729 of 2021 is disposed of without any order. There will be no order as to costs.
Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar sasi/bbr To:
1. The Secretary to Government Ministry of Financial Services Ministry of Finance Government of India 3rd Floor, Jeevan Deep Building 10, Parliament Street New Delhi.
2. The Presiding Officer Debt Recovery Tribunal 2nd and 3rd Floor, Jawan's Bhavan 27, T.B.Road Coimbatore - 641 018.
3. The Banking Ombudsman Reserve Bank of India 16, Rajaji Salai, Fort Glacis Chennai - 600 001.
4. The Branch Manager Axis Bank Limited Muthur Road, Vellakoil - 638 111 Kangayam Taluk Tirupur District.
5. The Authorized Officer Axis Bank Limited Agri Centre 56, 1st Floor, Bharathi Park 2nd Cross Road, Saibaba Colony Coimbatore - 641 011.
+1cc to Mr.AR.Sakthivel, Advocate, S.R.No. 28566 W.P.No.12729 of 2021 LN(CO) GN(22/06/2021)