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Madras High CourtWP/26206/2014disposed of

P.Senthilkumar, v. The District Collector,

2015-01-28Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28-01-2015

CORAM

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL Writ Petition No.26206 of 2014 1 P.Senthilkumar S/o.Perumal 56/9 Molathankadu Thevoor Post Sankari Taluk Salem District.

Petitioner Vs 1 The District Collector,Salem.

2 The Authorised Officer Indian Bank Thevur Branch T.G.N.Complex West Car Street Tiruchengode-637 211 3 The Deputy Superintendent of Police Sankar Salem District 4 The Inspector of Police Thevoor Police Station Sankari Taluk Salem District.

5 M.Lakshmi S/o.S.Mani 6 S.Mani S/o.Sengodan Resps. 5 & 6 are residing at Vaikkal Karai Ammapalayam Thevur Post Sankari Taluk Salem District.

Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 and 2 to secure the physical possession of the property mentioned hereunder within a stipulated period as fixed by this Honourable Court with a protection

of the respondents 3 and 4 consequently directing the respondents 3 and 4 to give police protection to the petitioner For petitioner Mr. R. Ezhilarasan For respondentsMr. P.S. Shivashanmugha Sundaram, Spl.G.P., for RR1,3 and 4 Mr. O.S. Karthikeyan for R2 Mr. K. Thilageswaran for RR5 and 6

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) The learned counsel appearing for the respondent-Bank submits that the petitioner has preferred an application under Section 14 of the SARFAESI Act sometime in 2013. The Bank is also interested in disposal of the said application.

2.

The case of the petitioner before us is that the petitioner is a successful auction purchaser and even sale certificate has been issued to him. However, for want of the disposal of the application under Section 14 pending before the first respondent, no further action has been taken.

3.

Without expressing any opinion on merits of the case and also after hearing all the parties, we direct the first respondent herein to consider the said application on merit and pass appropriate orders as expeditiously as possible, preferable within a period of six weeks from the date of receipt of a copy of this order. 4.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar glp

To 1 The District Collector Salem.

2 The Deputy Superintendent of Police Sankar Salem District 3 The Inspector of Police Thevoor Police Station Sankari Taluk Salem District.

4. The Authorised Officer, Indian Bank, Thevur Branch, T.g.N. Comples, West Car Street, Tiruchengode, 637 211 +1 cc to Mr.R. Ezhilarasan, Advocate SR.4369 +1 cc to Mr.O.S.Karthikeyan, Advocate Sr.4354 +1 cc to Government Pleader sR.4415 Writ Petition No.26206 of 2014 AK(CO) Eu 04.02.15