Lakshmi Vilas Bank v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.21212 of 2019 Lakshmi Vilas Bank, Rep. by its Chief Manager, Mr.D.Venkatasubramanian Regional Office No.9/4, Advaitha Ashram Road, Salem-636 004.

.. Petitioner -vs1.The District Collector, Namakkal, Namakkal District.

2.The Revenue Divisional Officer, Thiruchengode, Namakkal District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to forthwith number the application made by the petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and dispose of the same in accordance with law, within a time frame to be fixed by this Court. For Petitioner :

Mr.A.Arunbabu For Respondents :

Mr.S.Kamalesh Kannan Government Advocate

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Mr.S.Kamalesh Kannan, learned Government Advocate, accepts notice on behalf of the respondents.

2. This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondents to pass orders on the application dated 14.05.2018 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 respondents.

4. Learned counsel appearing for the petitioner submitted that though the application was filed by the petitioner on 14.05.2018, 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 14.05.2018 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 first respondent to consider and pass orders on the petition dated 14.05.2018 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:

1.The District Collector, Namakkal, Namakkal District.

2.The Revenue Divisional Officer, Thiruchengode, Namakkal District.

+1cc to Mr.A.Arunbabu, Advocate sr.62810 +1cc to Government Pleader sr.63397 W.P.No.21212 of 2019 vsn-II(co) nr 04/09/2019 nr 25/09/2019