Hdfc Bank Ltd v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.32674 of 2018 HDFC Bank Limited, Department for Special Operation, 7th Floor, 'B' Wing, Prince Kushal Towers, No.96, Mount Road, Chennai-600 002, rep. by its Senior Manager.

.. Petitioner -vsThe District Collector, (District Magistrate) Villupuram .. Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondent to pass appropriate orders in the petitioner's application dated 17.10.2016 which was received by the respondent on 27.10.2017 submitted under Section 14 of the SARFAESI Act, rendering necessary assistant to the petitioner in terms of Section 14 of the SARFAESI Act to take vacant physical possession of the secured asset as set out therein. For Petitioner : Mr.Eliya Rajkumar for M/s.Ramalingam and Associates For Respondent : Mr.S.Kamalesh Kannan Government Advocate

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Mr.S.Kamalesh Kannan, 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 17.10.2017 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').

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 17.10.2017, 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 17.10.2017 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 17.10.2017 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(CS VIII) //True Copy// Sub Assistant Registrar bbr

To The District Collector,(District Magistrate), Villupuram.

+2 cc to M/s.Ramalingam, Advocate Sr.No.85959 +1 cc to The Government Pleader, Sr.No.86193 W.P.No.32674 of 2018 CSL/28.12.2018