Magma Housing Finance Ltd., v. The District Collector (Cum)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2018

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.10940 of 2018 Magma Housing Finance Ltd., represented by its authorized officer, Mr.M.Shiva Sudhaakar, Navin's Presidium, 7-A, B Block, New No.17-19, Old No.103, Nelson Manickam Road, Chennai - 600 095.

... Petitioner vs.

The District Collector (Cum) District Magistrate, Office of the Special Secretary Cum District Collector Puducherry - 605009.

... Respondent PRAYER: WRIT Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the respondent to dispose of the Application filed by the petitioner under Section 14 of the SARFAESI Act, 2002, dated 06.03.2017, within a time frame.

For Petitioner : Mr.J.Zeakumar For Respondent : Mr.J.Kumaran, Government Advocate (Pondicherry)

ORDER

(Order of the Court was made by S.MANIKUMAR, J) Magma Housing Finance Limited, Chennai, represented by its Authorised Officer, has sought for a writ of mandamus, directing the District Collector-cum-District Magistrate, Puducherry to dispose of the application dated 06.03.2017, under Section 14 of the SARFAESI Act, 2002.

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2. On this day, when the writ petition came up for admission, on instructions, from the Office of the District Collector-cum-District Magistrate, Puducherry, J.Kumaran, learned Government Advocate, Pondicherry, submitted that orders are yet to be passed in the application, filed under Section 14 of the SARFAESI Act, 2002 and that enquiry is yet to be completed. He prayed for six weeks time.

3. Having regard to the limited submission of the learned counsel for the bank, District Collector-cum-District Magistrate, Pondicherry, is directed to dispose of the application dated 06.03.2017, if not done earlier, within a period of four weeks, from the date of receipt of a copy of this order. While doing so, District Collector-cum-District Magistrate, Pondicherry is directed to consider the parameters set out in Section 14 of the SARFAESI Act, 2002.

4. With the above observation and direction, this writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar dm To The District Collector (Cum) District Magistrate, Office of the Special Secretary Cum District Collector Puducherry - 605009.

+1cc to Mr.J.ZEAKUMAR, Advocate, S.R.No. 31979 W.P.No.10940 of 2018 RK(CO) TR(14/05/2018) https://hcservices.ecourts.gov.in/hcservices/