M/S.Edelweiss Housing v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2018

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.11153 of 2018 M/s.Edelweiss Housing Finance Ltd., Rep. by its Authorized Officer, No. 3rd Floor, MTH Rajan Properties, 40, Bazullah Road, T.Nagar, Chennai - 600 017.

... Petitioner vs.

1. District Collector / District Magistrate, Puducherry District, Puducherry.

2. A. Seetha

3. M/s.Nanadhini Fancy Store & Fashions Tailor. K-1, Jawahar Nagar Housing Scheme, Bommianpet, Puducherry HSG Board, Reddiarpalayam, Pondicherry - 605 010.

4. R.Anandhan ... Respondents WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the 1st respondent to pass orders on the petition filed on 23.08.2017 u/s.14(1) of SARFAESI Act, within the time stipulated by this Honourable Court.

For Petitioner : Mr.P.Chandrasekar For Respondents : Mr.J.Kumaran Government Advocate (Pondy)

ORDER

(Order of the Court was made by S.MANIKUMAR, J) M/s.Edelweiss Housing Finance Limited, Chennai, represented by its Authorised Officer, has sought for a writ of mandamus, directing the District Collector / District Magistrate, Puducherry to provide assistance under Section 14 of the SARFAESI Act, 2002.

2. Supporting the prayer sought for, M/s.Edelweiss Housing Finance Limited, Chennai, has enclosed the copy of the application dated 23.08.2017. Contending inter alia that no order has been passed on the petition filed under Section 14 of the SARFAESI Act, 2002, instant writ petition has been filed for the prayer, stated supra.

3. On this day, when the writ petition came up for admission, on instructions, Mr.J.Kumaran, learned Government Advocate (Pondy), submitted that orders are yet to be passed in the application filed under Section 14 of the SARFAESI Act, 2002 and he prayed for four weeks time.

4. As the District Collector / District Magistrate, Puducherry, 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 to 4. Hence, notice to respondents 2 to 4, is waived.

5. Heard the learned counsel appearing for the parties and perused the materials available on record.

6. Section 14 of the SARFAESI Act, 2002 mandates that on receipt of an affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the affidavit, pass suitable orders for the purpose of taking possession of the secured assets, within a period of 30 days from the date of application. Proviso to the said Section states that if no order is passed by the Chief Metropolitan Magistrate or District Magistrate, within the said period of thirty days, for the reasons beyond his control, he may after recording reasons, in writing, for the same, pass the order within such also period but not exceeding in aggregate 60 days.

7. In the light of the above, this Court is inclined to pass the following orders,

"The District Collector / District Magistrate, Puducherry, is directed to dispose of the application dated 23.08.2017, 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 / District Magistrate, Puducherry, should act in accordance with Section 14 of the SARFAESI Act, 2002." 8.

With the above observation and direction, this writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ars To District Collector / District Magistrate, Puducherry District, Puducherry.

W.P.No.11153 of 2018 ss[co] srg 18/05/2018