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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN Writ Petition (MD) No.10821 of 2016 M/s.Sundaram BNP Paribas Home Finance Ltd., Rep by its Authorised Officer R.Shanmugam, 46, White Road, SF Towers, I floor, Royapettah, Chennai 600 014.

... Petitioner Vs.

1.The District Magistrate/District Collector, Office of the District Collector, Thanjavur District, Thanjavur 613 010.

2.A.Manimekalai 3.A.Punniyamoorthy ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 1st respondent to consider and pass orders on the petition filed on dt. 23.02.2015 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 Court.

For Petitioner : Mr.V.Selva for Mr.N.Anandakumar For 1st Respondent : Mr.V.Muruganantham, Additional Government Pleader.

For Respondents 2&3 : Mr.D.Selvanayagam

ORDER

(Order of the Court was made by T.S.SIVAGNANAM,J) This writ petition has been filed seeking for a direction to the District Magistrate cum District Collector, Thanjavur District to consider their application filed under Section 14 of the SARFAESI Act, 2002, dated 23.02.2015. https://hcservices.ecourts.gov.in/hcservices/

2.Learned counsel for the petitioner would submit that the application filed by the petitioner has been kept pending for all these years.

3.Learned counsel for the respondents 2 to 3 submitted that they have co-operated for the enquiry.

4.This Court had an occasion to consider the manner in which these applications should be dealt with and in identical circumstances, directions were issued to the District Magistrate cum District Collector, to take action in a time bound manner. 5.Considering the fact that the application is pending since February 2015, there shall be direction to the first respondent to consider the application, dated 23.03.2015 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity to the respondents 2 and 3 within a period of six weeks from the date of receipt of a copy of this order.

6.The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(C) /True copy/ Sub Assistant Registrar To The District Magistrate/District Collector, Office of the District Collector, Thanjavur District, Thanjavur 613 010.

+1 cc to Mr.D.Selvanayagam , Advocate in SR.No. 18221 +1 cc to Mr.N.Anandakumar , Advocate in SR.No. 18251 +1 cc to Special Government Pleader, SR.No:18368 sms AE/KP/SAR2/12.04.2017/2P/5C Writ Petition (MD) No.10821 of 2016 27.03.2017 https://hcservices.ecourts.gov.in/hcservices/