Sbi Retail Asset Central v. District Magistrate Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27/4/2018 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition No.10938 of 2018 State Bank of India Retail Asset Central Processing Centre rep. By its Chief Manager and Authorised Officer Mr.A.Elangovan No.D-128 III & IV Floors, D Block Plot No.676, I Main Road Near Chintamani Circle Anna Nagar East Chennai 600 102.

... Petitioner Vs

1. The District Magistrate-cum- District Collector Kanchipuram District.

2. Shri.Shankar Venkatraman

3. Mrs.Nalini Shankar ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus, directing the first respondent, to pass an order in petitioner's Section 14

(1) and (2) SARFAESI Act petition, dated 7/7/2017 and to handover the vacant possession pending on the file of the first respondent, within a time frame fixed by this Court. For petitioner ... M/s.L.Poompavai For respondent ...

Mr.V.Prabhu Government Advocate for R.1 - - - - -

O R D E R

(Order of the Court was made by S.MANIKUMAR, J) Material on record discloses that, State Bank of India, Chennai, has filed a petition, dated 7/7/2017, under Section 14 of the SARFAESI Act, 2002, before the District Collector-cumDistrict Magistrate, Kancheepuram District, seeking assistance, for taking possession of the secured asset.

2. Inviting the attention of this Court, to the provisio, to Section 14 of the SARFAESI Act, 2002 that an application filed before the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, has to be disposed of, within a period provided therefor, and contending inter alia that there is no other alternative and efficacious remedy, except to approach this Court, under Article 226 of the Constitution of India, Ms.L.Poompavai, learned counsel for the Bank has prayed to issue a writ of mandamus, as prayed for.

3. Application filed before the District Collector-cumMagistrate, seeking assistance, has to be disposed of, as expeditiously as possible, considering the parameters set forth in Section 14 of the SARFAESI Act, 2002.

4. Directions have also been issued by the Principal Secretary to Government, vide letter No.19498/Res.II/2014-1, dated 9/7/2014, that there should be speedy disposal of the application filed under Section 14 of the SARFAESI Act. The said letter is extracted hereunder:- "I am to invite your kind attention to the reference cited (copy enclosed) wherein the GM, SLBC, Chennai, has requested to advise the District Collectors (District Magistrates) for speedy disposal of applications filed by banks to assist in taking possession of securities of the defaulters charged to the banks under Section 14 of SARFAESI Act, 2002.

2. In this connection, I am to request you to take necessary action for speedy disposal of the applications filed by the banks in taking possession of securities of the defaulters charged to the banks under Section 14 of SARFAESI Act, 2002, without affecting the image of the administration."

5. As the District Collector cum District Magistrate, Kanchipuram District, the 1st respondent is bound to pass orders on the application, we are of the view that there is no need to

issue notice to respondents 2 and 3. Hence, notice to respondents 2 and 3, is waived.

6. Having regard to the period provided under Section 14 of the SARFAESI Act, and the directions of the Principal Secretary to Government, stated supra, mandamus is issued to the District Collector-cum-District Magistrate, to pass orders, on the petition, dated 7/7/2017, as expeditiously as possible, by not later than four weeks, from the date of receipt of a copy of this order.

7. With the above observation and direction, the writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mvs.

To The District Collector-cum-District Magistrate Kancheepuram District.

W.P.No.10938 of 2018 sj(co) cs/04/06/18