Madras High CourtWP(MD)/10317/2016disposed of

M/S.Sundaram Bnp Paribas Home v. The District Magistrate

2017-03-01Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.[MD].Nos.10317, 10819 and 10820 of 2016 1 M/S.SUNDARAM BNP PARIBAS HOME FINANCE LTD., REP. BY ITS AUTHORISED OFFICER R.SHANMUGAM, 46, WHITES ROAD, SF TOWERS, I FLOOR, ROYAPETTAH, CHENNAI - 600 014.

... Petitioner(s) in WP(MD). 10317/ 2016 1 M/S.SUNDARAM BNP PARIBASS HOME FINANCE LTD., REP. BY AUTHORISED OFFICE R.SHANMUGAN, 46, WHITES ROAD, CHENNAI - 600 014. ... Petitioner(s) in WP(MD). 10819/ 2016 1 M/S.SUNDARAM BNP PARIBAS HOME FINANCE LTD., FORMELY KNOWN AS (SUNDARAM HOME FINANCE LIMITED) REP. BY ITS AUTHORISED OFFICER R.SHANMUGAN, 46, WHITES ROAD, CHENNAI 600 014 ... Petitioner(s) in WP(MD). 10820/ - Vs. - 1 THE DISTRICT MAGISTRATE /DISTRICT COLLECTOR, TIRUCHIRAPPALLI DISTRICT, TIRUCHIRAPPALLI.

2 N.MOHAN D.1. FIRST FLOOR, 10TH CROSS EAST, B22, VIJAYS PRAVEENA APARTMENTS, THILLAI NAGAR, TRICHY - 620018.

3 M.ANBARASI D1. FIRST FLOOR,10TH CROSS EAST, B22, VIJAYS PRAVEENA APARTMENTS, THILLAI NAGAR, TRICHY - 620018.

... Respondent(s) in 1 TO 3 WP(MD).

10317/ 2016 1 THE DISTRICT MAGISTRATE/ DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, TIRUCHIRAPPALLI DISTRICT, TIRUCHIRAPALLI-620 001 2 V.NAGOOR PITCHAI OLD DOOR NO. 6/A, NEW NO. 2, VADIKAL STREET, SRIRANGAM, TRICHY - 620006.

3 N.KURSHITH BANU OLD DOOR NO. 6/A, NEW NO.2, VADIKAL STREET, SRIRANGAM, TRICHY - 620006.

... Respondent(s) in 1 TO 3 WP(MD).

10819/ 2016 1 THE DISTRICT MAGISTRATE / DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PUDUKOTTAI DISTRICT, PUDUKOTTAI 622 005 2 MR.A.NAGARAJAN PLOT NO.16, MAIN VEETHI, CHELLAPPA NAGAR, PUDUKOTTAI 622 001

3 N.SARANYA PLOT NO.16, MAIN VEETHI, CHELLAPPA NAGAR, PUDUKOTTAI 622 001 ... Respondent(s)1 TO 3 in WP(MD). 10820/ Prayer in WP(MD). 10317/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to pass orders on the petition filed on 06.01.2015 under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 and implement the same within the time fixed by this Honble Court. Prayer in WP(MD). 10819/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 1st respondent to pass orders on the petition filed on 30.10.2015 under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 and implement the same within the time fixed by this Honble Court.

Prayer in WP(MD). 10820/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 1st respondent to pass orders on the petition filed on 03.09.2015 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security interest Act 2002 and implement the same within the time fixed by this Honble Court.

For Petitioner in all W.PS : Mr.N.Anandakumar For Respondent No.1 : Mr.N.S.Karthikeyan IN ALL W.PS Additional Government Pleader COMMON ORDER ******************* [Order of the Court was made by R.SUBBIAH, J.] Since a common issue involved in all these Writ Petitions, they were heard together and the Writ Petitions are disposed of by means of this Common Order.

2. These Writ Petitions have been filed seeking a Writ of Mandamus directing the first respondent to pass orders on the petitions filed on 30.10.2015, 06.01.2015 and 03.09.2015, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and implement the same within a stipulated time.

3. Though several contentions have been raised in the affidavits filed in support of the Writ Petitions, at the time of arguments, the learned counsel for the petitioner submitted that the petitioner would be satisfied, if a direction is issued to the first respondent to consider the petitions submitted by him under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and pass orders, within a stipulated time.

4. In view of the said submission made, without going into the merits of the case, the Writ Petitions are disposed of with a direction to the respondent to consider the petitions submitted by the petitioner dated 30.10.2015, 06.01.2015 and 03.09.2015, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion regarding the merits of the case and it is for the respondent to consider the petitions filed by the petitioner independently and decide the issue. No costs. SD/- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1 THE DISTRICT MAGISTRATE /DISTRICT COLLECTOR, TIRUCHIRAPPALLI DISTRICT, TIRUCHIRAPPALLI.

2 THE DISTRICT MAGISTRATE / DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PUDUKOTTAI DISTRICT, PUDUKOTTAI 622 005 +3 CC TO MR. A. ANANDAKUMAR, ADVOCATE, SR NO.1199,12000&12001 +3 CC TO SPECIAL GOVERNMENT PLEADER, SR NO.1949,11948&11944 NB MAS/RR:13.03.2017:3P-9C COMMON ORDER MADE IN W.P.[MD].Nos.10317, 10819 and 10820 of 2016 01.03.2017