K.Sivakumar, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.15449 of 2017 K.Sivakumar ... Petitioner -vs1. The District Collector, Thanjavur District @ Thanjavur.

2. The Authorised Officer, Repco Bank Limited, Tiruchirappallai-620 002.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent herein to number the application, dated 04.07.2017 filed by the petitioner herein under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and to dispose of the same within the time frame as fixed by this Court.

For Petitioner :

Mr.N.Sathish Babu For R1 :

Mr.T.S.Mohammed Mohideen Addl.Govt. Pleader For R2 : Mr.Pala.Ramasamy

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] By consent, the writ petition itself is taken up for final disposal.

2.The petitioner being a successful bidder and purchaser in the auction initiated by the second respondent has come forward to file the writ petition seeking the first respondent to number the application dated 04.07.2017 seeking police protection after removing the occupants.

https://hcservices.ecourts.gov.in/hcservices/ 3.As rightly submitted by the learned Additional Government

Pleader that the petitioner may not have locus-standi to file the writ petition, the second respondent has also filed an application seeking the very same relief invoking under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 4.If such application is pending consideration with the first respondent, the first respondent is directed to number the same and take appropriate action in accordance with law. The needful will have to be done, within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Thanjavur District @ Thanjavur.

2. The Authorised Officer, Repco Bank Limited, Tiruchirappallai-620 002.

+ 1 CC TO Mr.N.SATHISH BABU, ADVOCATE IN SR No. 73111 + 1 CC TO Mr.PALA RAMASAMY, ADVOCATE IN SR No. 73625 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 73509 AM/CP TE/MR-KKR/SAR-III : 30/08/2017 : 2P/6C W.P.(MD) No.15449 of 2017 18.08.2017 https://hcservices.ecourts.gov.in/hcservices/