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Madras High CourtWP(MD)/24293/2016disposed of

Bank Of Baroda Door No 343 v. District Magistrate/

2017-01-02Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.[MD].No.24293 to 24295 of 2016 Bank of Baroda, Door No.343, Sekkalai Road, Karaikudi, Madurai, Rep through its Authorized Officer, at Regional Office in Aparna Towers, Bye-pass Road, Madurai.

: Petitioner in WP(MD).24293/16 Vs.

The District Magistrate/District Collector, Sivagangai.

: Respondent in WP(MD).24293/16 BANK OF BARODA DOOR NO.5, EDUMALAI ROAD, MANACHANALLUR BRANCH, TRICHY-5, REP. THRO ITS AUTHORIZED OFFICER AT REGIONAL OFFICE IN APARNA TOWERS, BYPASS ROAD, MADURAI ... Petitioner in WP(MD).24294/2016 - Vs. - DISTRICT MAGISTRATE/DISTRICT COLLECTOR, TRICHY ... Respondent in WP(MD).24294/2016 BANK OF BARODA, DOOR NO 159, VICTORIA STREET, TUTICORIN REPRESENTED THROUGH ITS AUTHORIZED OFFICER AT REGIONAL OFFICE IN APARNA TOWERS BYPASS ROAD MADURAI ... Petitioner in WP(MD).24295/2016 -VsDISTRICT MAGISTRATE/ DISTRICT COLLECTOR TURICORIN ... Respondent in WP(MD).24295/2016 COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the petitions dated 10.10.2014, 22.12.2014 and 20.01.2016 respectively within the time stipulated by this Court.

For Petitioner : Mr.D.Sadiq Raja in all cases For Respondent : Mr.N.S.Karthikeyan Additional Government Pleader in all cases 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 petition filed on 10.10.2014, 22.12.2014 and 20.01.2016, 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 petition submitted by the petitioner dated 10.10.2014, 22.12.2014 and 20.01.2016, 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 petition filed by the petitioner independently and decide the issue. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar

To 1.The District Magistrate/District Collector, Sivagangai.

2.The District Magistrate/District Collector, Trichy.

3.The District Magistrate/District Collector, Tuticorin.

+3cc to Mr.Pala Ramasamy, Advocate in SR Nos.36,37 & 38 +3cc to the Spl.Govt.Pleader in SR Nos.66, 64 & 65 COMMON ORDER MADE IN W.P.[MD].No.24293 to 24295 of 2016 02.01.2017 nb anr/rr-me/18.01.2017/3p/10c