Bank Of Maharashtra v. The District Collector

THE HIGH COURT OF JUDICATURE AT MADRAS DATED 04.12.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALTHA WP.No.28281 of 2019 Bank of Maharastra (Govt of India Enterprise), a bank Constituted under Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 H.O.Lokmangal, 1501, Shivaji nagar, Pune 411005 having one of the Branch Office at rep. By its Authorised Signatory Mr.R.S.Mohapatra, having office at Sivagnanam Road, T.Nagar, Chennai 600 017.

...Petitioner

Vs.

The District Collector / District Magistrate, Kancheepuram District, Kancheepuram.

.....

Respondent PRAYER:- Writ petition filed under Article 226 of the Constitution of India prays to issue a Writ of Mandamus directing the respondent to pass an order in the petitioner filed by the petitioner under Section 14 of the SARFASI Act to take possession of the secured assets more fully set out in the said petition and handover vacant and peaceful possession to the petitioner within a time frame fixed by this Court. For Petitioner :

Mr.D.Sairam Kumar For Respondents:

Mr.Kamalesh Kannan Government Advocate

ORDER

[Order of the Court was made by M.SATHYANARAYANAN,J.,] The matter in issue pertains to non passing of orders on the application filed under Section 14(1) of the SARFAESI Act.

2. The learned counsel appearing for the petitioners, on instructions, would submit that subsequent to the filing of the https://hcservices.ecourts.gov.in/hcservices/

Writ Petition, positive orders came to be passed by the respondents and in the light of the said development, no further adjudication is required. It is also brought to the knowledge of this Court that on account of the fact that very many writ petitions are filed praying for appropriate direction directing the concerned District Collector to passed orders on the application filed under Section 14(1) of the SARFAESI Act. This Court, vide order dated 18.11.2019, has called for the particulars as to the pendency of the application before the concerned District Collector in respect of the entire State and accordingly, a Status Report have been filed for most of the Districts and the learned Government Advocate prays for further accommodation to file Status Report in respect of remaining Districts also.

3. In the light of the above said development, nothing remains for further adjudication in this Writ petition. Therefore, the writ petition is dismissed as infructuous. No costs. For filing additional Status Report as required by this Court, vide order dated 18.09.2019, post on 20.01.2020. Status Report shall be filed by the Principal Secretary to Government, Revenue and Disaster Management Department, PWD Estate, Chepauk, Chennai-600 005.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sk To 1.The District Collector / District Magistrate, Kancheepuram District, Kancheepuram.

Copy to:

2.The Principal Secretary to Government, Government of Tamil Nadu, Revenue and Disaster Management Department, PWD Estate, Chepauk, Chennai-600 005.

+1cc to the Government Pleader SR.101657 WP.No.28281 of 2019 PA(CO) CB(21/01/2020) https://hcservices.ecourts.gov.in/hcservices/