Saravanan.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2021

CORAM:

The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI W.P.(MD).No.5147 of 2021 P.Saravanan

...Petitioner

Vs.

1. The District Collector,

2. The District Revenue Officer,

3. The Regional Manager, Union Bank of India, Madurai Region, Madurai.

4. Madasamy Pillai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, directing the 1st respondent to hand over the physical possession of the property situated in Survey No.417/6 in Door No.6, New Door No.113, Mugavoor Rastha Road, Ward No.14, New Ward No.6, Sethur Town, Virudhunagar District from the hands of 4th respondent to the petitioner and direct the 3rd respondent to compensate the petitioner for inordinate delay on the basis of the petitioner's representation dated 10.03.2020.

For Petitioner : Mr.G.Thiruvarutselvam For Respondents : Mr.A.K.Manickam, Standing Counsel for Govt, For R1 & R2.

Mr.C.Karthik For R3, Mr.A.Josephjerry For R4.

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM,J.] The petitioner seeks for a direction to the the 1st respondent to hand over the physical possession of the property situated in Survey No.417/6 in Door No.6, New Door No.113, Mugavoor Rastha Road, 1/3

Ward No.14, New Ward No.6, Sethur Town, Virudhunagar District to him from the hands of 4th respondent and to direct the 3rd respondent to compensate him for inordinate delay on the basis of the representation dated 10.03.2020.

2. The petitioner is an auction purchaser of a property which was sold by the respondent Bank by initiating proceedings under the provisions of the SARFAESI Act. Actual physical possession has not been handed over to the auction purchaser and therefore, the writ petition has been filed.

3. The learned counsel appearing for the respondent Bank submitted that as early as in the year 2014, the petitioner filed a petition before the District Collector, Virudhunagar District, for taking possession of the property sold in the public auction. The matter is now still pending with the District Collector.

4. In the light of the above, we direct the District Collector, Virudhunagar District to consider the petition filed by the petitioner under Section 14 of the SARFAESI Act and pass orders within a period of twelve weeks from the date of receipt of a copy of this order. In order to facilitate the District Collector to pass orders as expeditiously as possible, the respondent Bank is directed to forward the photo copy of the said petition along with a copy of this order.

5. With the above directions, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The District Collector, 2/3

2. The District Revenue Officer,

3. The Regional Manager, Union Bank of India, Madurai Region, Madurai.

+1 CC to M/s.SPL GP ( SR-20717[F] dated 30/06/2021 ) W.P.(MD).No.5147 of 2021 28.06.2021 SVN(CO) KB(08.07.2021) 3P 5C 3/3