T.S.Leena, W/O.Joseph Jeyaraj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 23.03.2018
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD).No.655 of 2018 and W.M.P.(MD).No.685 of 2018 T.S.Leena ... Petitioner Vs.
1.The District Collector, Kanyakumari District, at Nagercoil.
2.The Zonal Manager, Zonal Office, Vijaya Bank, Ground Floor, 110, Court Road, Nagercoil, Kanyakumari District.
3.The Authorized Officer, Vijaya Bank, Vellareda Branch, 1/867, Narayan Building, Panchamoodu (Post) Trivandrum District-695 505.
4.The Special Tahsildar (Stamp -II) Marthandam, Kanyakumari District.
5.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent in K.Dis.No.C4/45427/2016 dated 28.10.2017 and quash the same and direct the 3rd respondent to convert the petitioner's OD Loan A/c No.204306041000002 into term loan.
For Petitioner : Mr.M.R.Srinivasan For R1,R4&R5 : Mr.S.Dhayalan Government Advocate For R2 and R3 : Mr.Pala Ramasamy
ORDER
[Order of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.M.R.Sreenivasan, learned counsel appearing for the petitioner, Mr.S.Dhayalan, learned Government Advocate appearing for the respondents 1, 4 and 5 and Mr.Pala Ramasamy, learned counsel appearing for the respondents 2 and 3.
2.The petitioner has filed this writ petition challenging the proceedings of the District Collector dated 28.10.2017 under Section 14 of the SARFAESI Act. Earlier the petitioner came before this Court for an identical relief, however, did not challenge the proceedings, but sought for a direction to consider her representation and to convert her OD Loan into term loan. The said writ petition in W.P.(MD).No.19282 of 2017 was dismissed by order, dated 13.10.2017. Thereafter, the respondent bank proceeded further in the matter and they have opined the order from the District Collector under Section 14 of the SARFEASI Act. The petitioner having not approached the Debt Recovery Tribunal on the proper time, cannot now question the impugned order by way of the writ petition. Therefore, the writ petition has to be necessarily failed.
However, we see that at that time when the writ petition was entertained, the order of interim stay was granted subject to payment of Rs.1 lakh and the petitioner has complied with the said condition. Therefore, as on date she is in the possession of the property. 3.The learned counsel appearing for the petitioner submitted that there was certain circumstances in the family, which prevented her from taking care of small business done by her and therefore, there has occurred an default and she is willing to repay the loan, if the respondent bank grants reasonable time. However, it is for the respondent bank to take a decision and we cannot compel them to decide the same in a particular manner as there are regularizations governing one time settlement proposal.
4.In the light of the above, we are not inclined to entertain this writ petition. However, taking into consideration the fact that the petitioner has complied with the interim order passed by this Court, we are inclined one more indulgence to the petitioner, while dismissing the writ petition.
5.In the result, the writ petition is dismissed by directing the petitioner to pay a further sum of Rs.1 lakh on or before 23.04.2018. If the said amount is paid, the petitioner will be entitled to submit a representation for considering the one time settlement proposal or re-scheduling the loan. It is made clear that
this direction has been issued only in the facts and circumstances of the case and not to be treated as a precedent. If the petitioner complies with the condition imposed by this Court, the respondents are directed not to enforce the impugned order, till then. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Kanyakumari District at Nagercoil. 2.The Zonal Manager, Zonal Office, Vijaya Bank, Ground Floor, 110, Court Road, Nagercoil, Kanyakumari District. 3.The Authorized Officer, Vijaya Bank, Vellareda Branch, 1/867, Narayan Building, Panchamoodu (Post) Trivandrum District-695 505.
4.The Special Tahsildar (Stamp -II), Marthandam, Kanyakumari District.
5.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District.
+1CC to Mr.M.R.Sreenivasan, Advocate, SR.No. 57625 +1CC to Mr.Pala Ramasamy, Advocate, SR.No. 57477 +1CC to the Special Government Pleader SR.No.58463 W.P.(MD).No.655 of 2018 and W.M.P.(MD).No.685 of 2018 23.03.2018 Ns AM/SV MMS/SAR 3/09.04.2018/3P/9C