M.Loganathan v. The District Collector / District Magistrate,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M.Loganathan ...
Petitioner versus 1.The District Collector / District Magistrate Tiruppur District.
2.The Revenue Divisional Officer /Sub Divisional Magistrate Tiruppur District.
3.The Tahsildar Palladam, Tiruppur District.
4.M/s.State Bank of India rep. by its The Authorized Officer Stressed Assets Recovery Branch No.377/1, Dr.Nanjappa Road Behind N.S.Palaniappa Nursing Home Coimbatore.
5.K.Murugesan ...
Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the third respondent to implement the order dated 31.01.2022 in proceedings No.Ref.No.383/2022/A1 on the file of 2nd respondent within time bound manner and hand over physical possession of property S.No.108/1B.108/1E situated at Ichipatti Village, Palladam, Tiruppur District to the petitioner.
For the Petitioner :
Mr.C.Prakasam For the Respondents :
Mr.U.Bharanidharan, Additional Government Pleader, for Respondents 1 to 3 Mr.M.Devaraj, for Respondent No.4 Mr.P.Nethaji, for Respondent No.5
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.C.Prakasam, learned counsel for the petitioner, Mr.U.Bharanidharan, learned Additional Government Pleader, for respondents 1 to 3, Mr.M.Devaraj, learned counsel for respondent No.4 and Mr.P.Nethaji, learned counsel for respondent No.5.
2. The grievance of the petitioner is that the order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is not implemented. According to the learned counsel for respondent No.5, respondent no.5 is challenging the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, before the Debts Recovery Tribunal. Proceedings are pending before the Debt Recovery Appellate Tribunal also.
3. It is not in dispute that the Debts Recovery Tribunal or Debt Recovery Appellate Tribunal have not granted stay of the order under Section 14 of the Act of 2002. In that view of the matter, it is for the respondent authority to proceed ahead. If respondent No.5 does not get order of stay from Debts Recovery Tribunal or Debt Recovery Appellate Tribunal within fifteen days from today, then the respondent authority may proceed ahead for the execution of the order under Section 14 of the Act of 2002.
4. With these observations, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 26.06.2023 Index : Yes/No tar To:
1.The District Collector / District Magistrate Tiruppur District.
2.The Revenue Divisional Officer /Sub Divisional Magistrate Tiruppur District.
3.The Tahsildar Palladam, Tiruppur District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(tar) 26.06.2023