S.R.Shyam Sundar v. The District Magistrate And District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2019 CORAM :

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.NO.16239 OF 2019 S.R.Shyam Sundar .. Petitioner -vs1. The District Magistrate and District Collector, Kancheepuram District, Kancheepuram.

2. The Tahsildar, No.1, Rajiv Gandhi Salai, 1st Cross Street, Sholinganallur.

3. The Authorized Officer, State Bank of India, Stressed Assets Management Branch, Red Cross Building, No.32, Montieth Road, Egmore, Chennai-600 008.

4. P.K.Sivakumar

5. P.K.Narayanan

6. Badrinarayana Choudhary, Director of Golden Shelters Private Ltd., No.33, Ruthland Towers, Shaffee Mohammed Road, Greams Road Post, Chennai-600 006.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records relating to Rc.M3/21164/2017 dated 10.04.2018 passed by the 1st respondent and quash the same and to direct the 1st respondent to conduct a fresh enquiry by giving personal hearing to the petitioner herein to determine his rights, including his rights as a lessee.

For Petitioner : Mr.P.V.S.Giridhar Rao for M/s.Giridhar & Sai For Respondents : Mr.S.Kamalesh Kannan Government Advocate for respondent Nos.1 and 2 Mr.M.L.Ganesh for respondent No.3

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.Giridhar, learned counsel for the petitioner; Mr.S.Kamalesh Kannan, learned Government Advocate for respondent Nos.1 and 2 and Mr.M.L.Ganesh, learned counsel for respondent No.3.

2. The petitioner has preferred the writ petition as against the order dated 10.04.2018 passed by the first respondent i.e., the District Magistrate and District Collector, Kancheepuram.

3. Since the petitioner has preferred the present writ petition as against the order of the District Collector, Kancheepuram in SARFAESI proceedings, we are not inclined to entertain the writ petition and it would be open to the petitioner to approach the Debts Recovery Tribunal in accordance with law.

4. The writ petition is disposed of with the above observation. No costs. Consequently, W.M.P.Nos.15942 and 15945 of 2019 are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar bbr

To

1. The District Magistrate and District Collector, Kancheepuram District, Kancheepuram.

2. The Tahsildar, No.1, Rajiv Gandhi Salai, 1st Cross Street, Sholinganallur.

3. The Authorized Officer, State Bank of India, Stressed Assets Management Branch, Red Cross Building, No.32, Montieth Road, Egmore, Chennai-600 008.

+1cc to M/s.Giridhar & Sai, Advocate, S.R.No.48143 +1cc to the Government Pleader, S.R.No.48546 W.P.No.16239 of 2019 VBA(CO) CS/01/07/2019