Madras High CourtWP/31346/2018disposed of

M/S.Sundaram Bnp Paribas Home Finance Ltd v. The District Magistrate

2018-11-29Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.31346 of 2018 M/s.Sundaram BNP Paribas Home Finance Ltd., rep. by its Authorised Officer E.Lenin, No.46, Whites Road, Royapettah, Chennai-600 014.

.. Petitioner -vsThe District Magistrate /District Collector, Office of the District Collector, Cuddalore-607 001.

.. 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 dated 31.03.2017 filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 within a time frame as fixed by this Court.

For Petitioner : Mr.J.Ravindran For Respondent : Mr.M.Elumalai Government Advocate

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Mr.Mr.Elumalai, 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 31.03.2017 filed by the petitioner under Section 14 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 was filed by the petitioner on 31.03.2017, 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 31.03.2017 filed by the petitioner under Section 14 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 31.03.2017 filed by the petitioner under Section 14 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 //True Copy// Sub Assistant Registrar bbr To The District Magistrate /District Collector, Office of the District Collector, Cuddalore.

+1cc to Mr.J.Ravindran, Advocate, S.R.No. 82452 +1cc to the Government Pleader, S.R.No.82219 W.P.No.31346 of 2018 SKV(CO) GN(14/12/2018) https://hcservices.ecourts.gov.in/hcservices/