Madras High CourtWP(MD)/12928/2019disposed of

Lakshmi Vilas Bank, v. The District Collector,

2019-06-07Honourable Mr Justice K. Ravichandrabaabu,Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)NO.12928 OF 2019 and W.M.P(MD)No.9637 of 2019 Lakshmi Vilas Bank, represented by its Authorized Officer, Thillai Nagar Branch, C-97,Fort Station Road, Vth Cross(West), Thillai Nagar, Trichy - 620 018.

:Petitioner .vs.

The District Collector, Trichy District.

: Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to pass suitable orders in C.M.P.No.G5/7033/2019 submitted by the Petitioner under Section 14 of the SARFAESI Act for taking physical possession of the mortgaged properties of the borrower/guarantor as prayed in the said Petition, within the time frame fixed by this Court.

For Petitioner :Mr.C.Jawahar Ravindran For Respondent :Mr.VR.Shanmuganathan Spl.Govt.Pleader

O R D E R

[Order of the Court was made by K.RAVICHANDRABAABU.,J.] Mr.VR.Shanmuganathan, learned Special Government Pleader takes notice for the respondent and by consent, the main Writ Petition is taken up for final disposal.

2.The Petitioner seeks for a direction to pass suitable orders in C.M.P.No.G5/7033/2019 submitted by the Petitioner under Section 14 of the SARFAESI Act for taking physical possession of the mortgaged properties of the borrower/guarantor. https://hcservices.ecourts.gov.in/hcservices/

3.Since the prayer sought for in this Writ Petition with a limited scope for disposing the Petition filed by the Petitioner under Section 14 of the SARFAESI Act, We are not expressing any view on the merits of the contentions raised with regard to the said application pending before the respondent.

4.The only grievance of the Petitioner is that the said application filed as early as on 18.03.2019 has not been disposed of so far.

5.Therefore, without expressing any view on the merits of the contentions raised by the Petitioner, the Writ Petition is disposed of only by directing the respondent to consider the said application in C.M.P.No.G5/7033/2019 and pass orders on the same on merits and in accordance with law, after hearing to all the parties concerned. Such exercise shall be done within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS ) To The District Collector, Trichy District.

+1 CC to M/s.SPL GP SR-67592[F].

+1 CC to Mr.C.JAWAHAR RAVINDRAN, Advocate SR-67644. 0RDER MADE IN W.P(MD)NO.12928 OF 2019 and W.M.P(MD)No.9637 of 2019 07.06.2019 CS: (19/06/2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/