The Catholic Syrian Bank Ltd v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20/2/2017 C O R A M The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice M.Govindaraj Writ Petition No.3751 of 2017 The Catholic Syrian Bank Ltd rep. By its Chief Manager (Law) Mrs.Kavitha Ramachandran Thiruvallur Branch Zonal Office at Rani Seethai Hall 7th Floor 603 Anna Salai Chennai 600 006.

...

Petitioner Vs

1. The District Collector Thiruvallur District.

2. K.Harichandran

3. H.Kaleeswari ...

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent to handover the vacant possession in Rc.No.14339/2016/M2 dated 31/2/2016, filed under Section 14 (1) of the SARFAESI Act.

For petitioner ...

M/s.L.Poompavai For respondents ...

Mr.K.V.Dhanapalan Special Government Pleader - - - - - -

O R D E R

(Order of the Court was made by S.Manikumar,J) Catholic Syrian Bank Ltd., represented by its Chief Manager (Law), Chennai, has sought for a writ of mandamus, to direct the first respondent, to handover the vacant possession, in Rc.No.14339/2016/M2, dated 31/2/2016, filed under Section 14 (1) https://hcservices.ecourts.gov.in/hcservices/

of the SARFAESI Act.

2. Learned counsel appearing for the petitioner, relied on the letters of the Bank, dated 22/8/2016 and 14/12/2016, requesting the District Collector, Thiruvallur, to pass orders.

3. When the matter came up on 15/2/2017, we permitted Mr.K.V.Dhanapalan, learned Special Government Pleader, to take notice on behalf of the first respondent. He submitted that vide Rc.No.14339/2016/M2, dated 31/8/2016, the District Collector, Thiruvallur, has directed the Tahsildar, Tiruvottriyur, to submit a detailed report, after inspection of the site, along with the proforma enclosed. He further submitted that report is yet to be furnished and if two weeks' time is granted, appropriate orders would be passed, under Section 14 of the SARFAESI Act, 2002.

4.

Placing on record the above, the District Collector/District Magistrate, Tiruvottriyur District, is directed to pass appropriate orders, on merits and in accordance with law, within a period of two weeks, from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar mvs.

To

1. The District Collector Thiruvallur District.

+1cc to M/s.L.Poompavi,Advocate sr.11077 +1cc to The Government Pleader sr.11173 Writ Petition No.3751 of 2017 cp(co) ss(8/3/2017) https://hcservices.ecourts.gov.in/hcservices/