Tmt. V.Jayanthi v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14/6/2018 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD Writ Petition No.12800 of 2018 Tmt.V.Jayanthi ...

Petitioner Vs

1. The Tahsildar Valasaravakkam Taluk Chennai 600 087.

2. The Branch Manager State Bank of India MMDA Colony Branch J-138 First Floor Vinayagapuram Main Road Arumbakkam Chennai 600 106.

3. Thiru.S.Sathish Kumar ...

Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus to forbear the respondents 1 and 2 from taking delivery of possession of petitioner family running in house property situated at No.1/4 Pillaiyar Koil Street, Sheik Manniam, Porur, Chennai 600 116.

For petitioner ...

Mr.R.Anandha Babu For respondents...

Mr.Manikandan Government Advocate for R.1 Ms.S.R.Sumathi for R.2.

O R D E R

(Order of the Court was made by S.MANIKUMAR,J Instant writ petition has been filed for a mandamus, restraining the respondents 1 and 2 from taking delivery of possession of petitioner family running in house property situated at No.1/4 Pillaiyar Koil Street, Sheik Manniam, Porur, Chennai 600 116. Such a prayer is not maintainable, under Section 14 of the SARFAESI Act, 2002. Section 14 of the SARFAESI Act, 2002, deals with Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking https://hcservices.ecourts.gov.in/hcservices/

possession of secured asset.

2. Even taking for granted that the petitioner has a leasehold right in the secured assets/mortgaged property, mandamus cannot be issued, restraining the official respondents from exercising their statutory functions, under Section 14 of the SARFAESI Act, 2002. Added further, in the case on hand, the petitioner has sought for a mandamus against the Tahsildar/first respondent, who is not a necessary party.

3. In view of the above, writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

mvs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The Tahsildar Valasaravakkam Taluk Chennai 600 087.

2. The Branch Manager State Bank of India MMDA Colony Branch J-138 First Floor Vinayagapuram Main Road Arumbakkam Chennai 600 106.

+1cc to Government Pleader Sr.No.37952 +1cc to M/s.S.R.Sumathy, Advocate Sr.No.37417 +1cc to Mr.R.Anandah Babu, Advocate Sr.No.37312 sm:27.6.2018 W.P.No.12800 of 2018 https://hcservices.ecourts.gov.in/hcservices/