M/S.Hdfc Bank Ltd v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2019 CORAM :
The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.12890 of 2019 M/s.HDFC Bank Limited, Senapati Bapat Marg, Lower Parel (West) Mumbai-400 013 and Branch office at CEEBROS Building, No.110, 4th Floor, Nelson Manickam Road, Aminjikarai, Chennai-600 029 rep. by its Authorised Office K.Karutharasan. .. Petitioner -vs1.The District Collector cum District Magistrate, Kancheepuram Collectorate, Kancheepuram District.
2.The Tahsildar, Sholingnallur Taluk Office, Sholingnallur.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the 1st respondent, he District Collector cum District Magistrate of Kancheepuram to provide administrative assistant on an expeditious basis under Section 14 of the SARFAESI Act, 2002 to take possession of the secured asset with respect to the application filed by the petitioner, which is pending on the file of the 1st respondent.
For Petitioner : Mr.L.Ramesh Babu For Respondent : Mr.S.Kamalesh Kannan Government Advocate for respondents
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 respondent No.1.
2. This writ petition has been filed by the petitioner seeking a writ of mandamus directing the first respondent to pass an order on the petition dated 20.05.2016 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 first respondent.
4. Learned counsel appearing for the petitioner submitted that though the petition was filed by the petitioner on 20.05.2016, the first 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. Learned Government Advocate submitted that the first respondent may be directed to dispose of the petition dated 20.05.2016 filed by the petitioner under Section 14 of the SARFAESI Act within a period of six weeks.
6. Having regard to the submission made by the learned counsel appearing on either side 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 first respondent to consider and pass orders on the petition dated 20.05.2016 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.
7. With the above observation, the writ petition is disposed of. No costs.
sd/ ASSISTANT REGISTRAR /TRUE COPY/ SUB-ASSISTANT REGISTRAR
bbr To 1 The District Collector cum District Magistrate, Kancheepuram Collectorate, Kancheepuram District. 2 The Tahsildar, Sholinganallur Taluk Office, Sholinganallur.
+1 CC to The Government Pleader Sr.No.43063 +1 CC to Mr.L.Ramesh Babu, Advocate Sr.No.40932 W.P.No.12890 of 2019 SVI (CO) TA-10/06/2019