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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.[MD].No.23769 of 2016 M/s.Sundaram BNP Paribas Home Finance Limited, Rep by its Authorized Officer R.Shanmugam, 46, Whites Road, SF Towers, First Floor, Royapettah, Chennai 600 014.

: Petitioner Vs.

1.The District Magistrate/District Collector, Office of the District Collector, Sivagangai District, Sivagangai 630 562.

2.S.Stalin 3.S.Kannaki : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first 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 a stipulated time.

For Petitioner : Mr.N.Anandakumar For Respondent No.1 : Mr.N.S.Karthikeyan Additional Government Pleader

O R D E R

[Order of the Court was made by R.SUBBIAH, J.] This Writ Petition has been filed seeking a Writ of Mandamus directing the first 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 a stipulated time.

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2. Though several contentions have been raised in the affidavit filed in support of the Writ Petition, 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 petition 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.

3. In view of the said submission made, without going into the merits of the case, the Writ Petition is disposed of with a direction to the first respondent to consider the petition submitted by the petitioner dated 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 six 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 first respondent to consider the petition filed by the petitioner independently and decide the issue. No costs. Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To The District Magistrate/District Collector, Office of the District Collector, Sivagangai District, Sivagangai 630 562.

+1cc to Mr.N.Anandakumar, Advocate SR.No.80314 +1cc to special Government Pleader SR.No.80561 NB sm:sks-rr:23/12/2016:2P/4C ORDER MADE IN W.P.[MD].No.23769 of 2016 08.12.2016 https://hcservices.ecourts.gov.in/hcservices/