M/S.Magma Housing Finance, v. The District Collector (Cum)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.23045 of 2018 M/s.Magma Housing Finance, rep. by its Authorized Officer Mr.M.Shiva Sudhaakar, Navin's Pesidium, 7-A B-Block, New No.17-19, Old No.103, Nelson Manickam Road, Chennai-600 029.

... Petitioner -vsThe District Collector-cum-District Magistrate, Office of the District Collector, Tiruvallur-602 001.

... Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondent to dispose of the petitioner application under Section of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, dated 05.03.2018 within the time frame that may be fixed by this Court. For Petitioner : Mr.S.Eraskine Leo For Respondent : Mr.Kamalesh Kannan.S Government Advocate

ORDER

(Order of the Court made by The Hon'ble Chief Justice) Mr.S.Kamalesh Kannan, learned Government Advocate 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 05.3.2018 filed by the petitioner under Section 14 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 Advocate appearing for the respondent.

4. Learned counsel appearing for the petitioner submitted that though the petition filed by the petitioner is pending since March, 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 Advocate submitted that the respondent may be directed to dispose of the petition dated 05.3.2018 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 respondent to consider and pass orders on the petition dated 05.3.2018 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(CS VIII) //True Copy// Sub Assistant Registrar

bbr To The District Collector-cum-District Magistrate, Tiruvallur District, Tiruvallur.

+1cc to the Government Pleader Sr.61714 +1cc to Mr.S.Eraskine Leo, Advocate Sr.61996 W.P.No.23045 of 2018 pa[co] srg 18/09/2018