Magma Housing Finance v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.27377 of 2018 MAGMA HOUSING FINANCE, rep. by its Authorised Officer M.Shiva Sudhaakar, Navin's Presidium, 7-B, B-Block, New No.17-19, Old No.103, Nelson Manickkam Road, Chennai - 600 029.

.. Petitioner -vs1.The District Magistrate /District Collector, Vellore.

2.R.Tamil Selvan 3.T.Savitha 4.Karuna Sweets, rep. by R.Tamilselvan, Door No.47 & 47A, Netaji Road, Ambur, Vaniyambadi Taluk, Vellore District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent - The District Magistrate/District Collector, Vellore, to pass orders on the Petitioner's Application dated 15.06.2018 filed under Section of the SARFAESI Act, 2002, forthwith.

For Petitioner : Mr.S.Giridharan For Respondents : Mr.T.N.Rajagopalan Government Pleader for 1st respondent

ORDER

(Order of the Court made by The Hon'ble Chief Justice) Mr.T.N.Rajagopalan, learned Government Pleader accepts notice on behalf of the first respondent.

2. This writ petition has been filed by the petitioner seeking a writ of mandamus directing the first respondent to pass an order on the petition dated 15.06.2018 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').

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

4. Learned counsel appearing for the petitioner submitted that though the petition was filed by the petitioner on 15.06.2018, the first 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 Pleader submitted that the first respondent may be directed to dispose of the petition dated 15.06.2018 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 first respondent to consider and pass orders on the petition dated 15.06.2018 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(CS VIII) //True Copy// Sub Assistant Registrar bbr

To The District Magistrate /District Collector, Vellore.

+1cc to Mr.S.Giridharan, Advocate, S.R.No.72742 +1cc to the Government Pleader, S.R.No.72461 W.P.No.27377 of 2018 RJI(CO) CS/13/11/2018