R.Sundaresh v. The District Collector / The District Magistrate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 13.12.2021

CORAM:

THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.26475 of 2021 R.Sundaresh ... Petitioner Vs.

1.The District Collector/The District Magistrate, Tiruppur, Tiruppur District.

2.The Authorized Officer, Canara Bank, No.166, ARM Branch, Thiruvenkatasamy Road West, Coimbatore - 641 002.

3.M.Jothimani 4.M.Bharath ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the 1st respondent to pass final order in L.Dis. No.7446/2019/C3 dated 06.05.2021 on the file of the 1st respondent filed by the 2nd respondent under Section 14 of the SARFAESI Act and consequently direct the respondents to immediately hand over the physical possession of the petitioner property in S.F.No.249/1, Site No.5, Tottipalayam Village, Vadivel Nagar, Tiruppur Taluk, Tiruppur District measuring about 5940 sq.ft. of land. For Petitioner : Mr.G.Rajesh For Respondents : Mr.P.Muthukumar, Government Pleader (R1)

O R D E R

(Order of the Court was made by M.DURAISWAMY, J.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus to direct the 1st respondent to pass a final order in the application dated 06.05.2021 filed under Section 14 of the SARFAESI Act.

2.It is not in dispute that the 2nd respondent has filed an application under Section 14 of the SARFAESI Act as early as on 06.05.2021 to direct the private respondents to immediately hand over the physical possession of the property in S.F.No.249/1, Site No.5, Tottipalayam Village, Vadivel Nagar, Tiruppur Taluk, Tiruppur District measuring about 5940 sq.ft. of land. 3.It is brought to the notice of this Court that the 1st respondent has not passed the order in the said application, though SARFAESI Act prescribes 60 days time for the disposal of the application.

4.Mr.P.Muthu Kumar, learned Government Pleader taking notice for the 1st respondent submitted that the 1st respondent would pass orders in the application filed under Section 14 within a period of four weeks.

5.Having regard to the submissions made by the learned counsel on either side, we direct the 1st respondent to pass orders in the application filed under Section 14 of the SARFAESI Act by the 2nd respondent, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

va To 1.The District Collector/The District Magistrate, Tiruppur, Tiruppur District.

2.The Authorized Officer, Canara Bank, No.166, ARM Branch, Thiruvenkatasamy Road West, Coimbatore - 641 002.

+1cc to M/s.G.Rajesh, Advocate Sr.66317 W.P.No.26475 of 2021 rr[co] srg 14/12/2021