M/S.India Infoline Housing v. The District Collector Cum
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.12333 of 2018 M/s.India Infoline Housing Finance Limited (IIFL), Having its registered office at, 12A-10, 13th Floor, Parinee Crescenzo, C-38 and C-39, G Block, Behind MCA, Bandra Kurla Complex, Bandra East, Mumbai - 400 051.
And its Branch Office at 793, Ramasamy Salai, K.K.Nagar, Chennai - 600 078, Through its Authorized Officer, C.Bharanitharan.
... Petitioner Vs.
The District Collector cum District Magistrate, District Collectorate, Madurai District, Madurai.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent-the District Collector cum District Magistrate, Madurai to expeditiously dispose of the petition filed by the petitioner under Section 14 of the SARFAESI Act and received by the respondent on 28.10.2015 vide Roc.No.C3/50373/2015 pending before the respondent-the District Collector cum District Magistrate, Madurai.
For Petitioner : Mr.S.Vellaichamy For Respondent : Mr.M.Jeya Kumar, Additional Government Pleader.
ORDER
(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a Writ of Writ of Mandamus, directing the respondent to expeditiously dispose of the petition filed under Section 14 of the SARFAESI Act, dated 28.10.2015 within a time frame.
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2.The learned counsel appearing for the petitioner submitted that though the petitioner has submitted his application under Section 14 of the SARFAESI Act for taking possession of the property before the respondent-the District Collector cum District Magistrate, Madurai as early as on 28.10.2015, the respondent has not disposed of the same yet. The learned counsel further submitted that in view of the long pendency of the matter, the petitioner is put to hardship and prejudice.
3.Mr.M.Jeyakumar, learned Additional Government Pleader appearing for the respondent submitted that the respondent may be directed to dispose of the application in accordance with law within a time frame.
4.Having regard to the submissions made on either side and also taking into account the limited prayer sought for in this Writ Petition, without expressing any opinion with regard to the merits of the case, we direct the respondent to dispose of the application filed under Section 14 of the SARFAESI Act, dated 28.10.2015 on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 5.With these observations, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To The District Collector cum District Magistrate, District Collectorate, Madurai District, Madurai.
+1cc to Mr.S.Vellaichamy, Advocate, SR.No.70520. +1cc to Special Government Pleader, SR.No.70561. W.P(MD)No.12333 of 2018 29.06.2018 ps RAM/PN/SAR 1/10.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/