M/S.Shriram Housing Finance v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.22054 of 2018 M/s.Shriram Housing Finance Limited, rep. by its Authorized Officer Mrs.Asha Lukose, No.221, 1st Floor, Royapettah High Road, Chennai-600 004.

... Petitioner -vsThe District Collector, The District Magistrate, Thiruvallur Collectorate, Thiruvallur District.

... Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondent to pass orders on the petition filed on 10.04.2018 under Section 14(1) of SARFAESI Act within the time stipulated by this Court.

For Petitioner : Mr.M.Ajmal Azzath For Respondent : Mr.T.N.Rajagopalan Government Pleader

ORDER

(Order of the Court made by The Hon'ble Chief Justice) Mr.T.N.Rajagopalan, learned Government Pleader accepts notice on behalf of the respondent.

2. This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondent to pass an order on the petition dated 10.04.2018 filed by the petitioner https://hcservices.ecourts.gov.in/hcservices/

under Section 14(1) of 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 Pleader appearing for the respondent.

4. Learned counsel appearing for the petitioner submitted that though the petition filed by the petitioner is pending since April, 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. Learned Government Pleader submitted that the respondent may be directed to dispose of the petition dated 10.04.2018 filed by the petitioner under Section 14(1) 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 respondent to consider and pass orders on the petition dated 10.04.2018 filed by the petitioner under Section 14(1) 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 these observations, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar bbr To The District Collector/District Magistrate, Thiruvallur District.

+1cc to the Government Pleader Sr.59461 W.P.No.22054 of 2018 srg 6/9/2018 https://hcservices.ecourts.gov.in/hcservices/