Edelweiss Housing Finance Ltd., v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.25821 of 2018 M/s.Edelweiss Housing Finance Limited, rep. by its Authorised Officer M.P.K.Mahendra Varma, 7th & 8th Floor, Kochar Towers, No.19, Venkatnarayanan Road, T.Nagar, Chennai-600 017.

.. Petitioner -vsThe District Collector/Magistrate, Thiruvallur District, Thiruvallur.

.. Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondent to pass orders on the petition filed on 20.04.2018 under Section 14(1) of SARFAESI Act within the time stipulated by this Court.

For Petitioner : Mr.M.Ajmal Azzath For Respondent : Mr.A.Zakir Hussain Government Advocate

ORDER

(Order of the Court made by The Hon'ble Chief Justice) Mr.A.Zakir Hussain, learned Government Advocate accepts notice on behalf of the respondent.

2. This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondent to pass an order on the petition dated 20.04.2018 filed by the petitioner under Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, 'SARFAESI Act').

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3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

4. Learned counsel appearing for the petitioner submitted that though the petition filed by the petitioner Bank is pending since April, 2018, the respondent-District Collector has not disposed of the same till date. He would submit that in view of the long pendency of the matter, the petitioner is not in a position to take possession of the property.

5. Learned Government Advocate submitted that the respondent may be directed to dispose of the petition dated 20.04.2018 filed by the petitioner under Section 14(1) of the SARFAESI Act within a period of six weeks.

6. Having regard to the submission made by the learned counsel appearing on either side and taking note of the limited prayer sought for in this writ petition, without expressing any opinion on the merits of the case, we direct the respondent to consider and pass orders on the petition dated 20.04.2018 filed by the petitioner under Section 14(1) of the SARFAESI Act, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after giving notice to all concerned.

7. With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar bbr To The District Collector/Magistrate, Thiruvallur. +1cc to Government Pleader SR.No.68641 W.P.No.25821 of 2018 GMY(25/10/2018) https://hcservices.ecourts.gov.in/hcservices/