M/S.Equitas Small Finance v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.7783 of 2019 M/s.Equitas Small Finance Bank Limited, rep. by Authorised Signatory Spencer Plaza, 4th Floor, Phase-II, No.769, Mount Road, Anna Salai, Chennai - 600 002.

.. Petitioner -vsThe District Collector, Thiruvarur District, Thiruvarur.

.. Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondent to dispose of the petition filed by the petitioner under Section 14 of the SARFAESI Act 2002 on 10.12.2018, which has been seized by the respondent as expeditiously as possible as per Section 14 of the SARFAESI Act, 2002.

For Petitioner : Mr.V.Govardhanan For Respondent : Mr.S.Kamalesh Kannan Government Advocate

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 respondent.

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2. This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondent to pass orders on the petition dated 10.12.2018 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 respondent.

4. Learned counsel appearing for the petitioner submitted that though the petition was filed by the petitioner on 10.12.2018, the 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 respondent to consider and pass orders on the petition dated 10.12.2018 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 V) //True Copy// Sub Assistant Registrar bbr To The District Collector, Thiruvarur District, Thiruvarur.

+1cc to Mr.V.Govardhanan, Advocate sr.26038 +1cc to Government Pleader sr.no.26787 W.P.No.7783 of 2019 nr 04/04/2019 https://hcservices.ecourts.gov.in/hcservices/