M/S.Can Fin Homes Ltd., v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Can Fin Homes Ltd Rep. by its Authorized Officer, Shiva VR Having its Branch Office at:- A 439, Lawrence Complex Cross Cut Road, Gandhipuram Coimbatore - 620 012.
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Petitioner Vs.
1. The District Collector The Office of the District Collector State Bank Road, Gopalapuram Coimbatore - 641 018.
2. The Superintendent of Police The Office of the SP of Police District Police Office, State Bank Road Gopalapuram, Coimbatore - 641 018.
3. The Deputy Superintendent of Police (Law and Order), Office of the DSP Mettupalayam Range, Bharat Bhawan Road Dasampalaya, Coimbatore - 641 301.
4. The Tahsildar (Revenue) cum Taluk Executive Magistrate Annur Taluk Office Coimbatore - 641 653.
5. The Inspector of Police cum Station House Officer (Law and Order) Office of the Inspector of Police Annur Police Station, Sathy Road Coimbatore - 641 653.
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Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the Chief Judicial Magistrate, Coimbatore to execute the order dated 31.03.2023 made in Crl.M.P.No.29466 of 2022 and handover physical possession of the Mortgaged Properties to the petitioner company with the assistance of the 4th and 5th respondent herein.
For the Petitioner : Mr.P.Dinesh Kumar for Mr.S.I.Muthiah For the Respondents : Mrs.R.Anitha Special Government Pleader for R1 and R4 Mr.Raja Kumar Additional Public Prosecutor for R2, R3 and R5
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.P.Dinesh Kumar, learned counsel appearing for Mr.S.I.Muthiah, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for respondents 1 and 4 and Mr.Raja Kumar, learned Additional Public Prosecutor for respondents 2, 3 and 5.
2. Learned counsel for the petitioner submits that the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is not being implemented.
3. Learned Additional Public Prosecutor submits that if the petitioner pays the requisite fees as per the relevant Government Order, then necessary police protection would be provided for executing the order.
4. In the light of that, the petitioner may pay the fees as is
permissible and is required as per the submission of the learned Additional Public Prosecutor. Thereafter, the third respondent shall provide necessary machinery for implementing the orders passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, of course, if there is no prohibitory order of any court.
5. In view of the above, the writ petition stands disposed of. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 20.12.2023 Index :
Yes/No :
Yes/No drm
To
1. The District Collector The Office of the District Collector State Bank Road, Gopalapuram Coimbatore - 641 018.
2. The Superintendent of Police The Office of the SP of Police District Police Office, State Bank Road Gopalapuram, Coimbatore - 641 018.
3. The Deputy Superintendent of Police (Law and Order), Office of the DSP Mettupalayam Range, Bharat Bhawan Road Dasampalaya, Coimbatore - 641 301.
4. The Tahsildar (Revenue) cum Taluk Executive Magistrate Annur Taluk Office Coimbatore - 641 653.
5. The Inspector of Police cum Station House Officer (Law and Order) Office of the Inspector of Police Annur Police Station, Sathy Road Coimbatore - 641 653.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 20.12.2023