R.Kulandaiappan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2017 CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.(MD)No.4030 of 2016 R.Kulandaiappan ... Petitioner Vs.
1.The District Collector, Karur District, Karur.
2.The Revenue Divisional Officer, Karur, Karur District.
3.The Authorized Officer, Indian Bank, Main Branch, Karur - 639 001.
4.The Branch Manager, Indian Bank, Karur Branch, Karur.
5.Mrs.G.Umarani ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the second respondent to implement the order passed by the first respondent, dated 09.12.2015, in his proceedings No.Rc.D4/1332/2014.
For Petitioner : Mr.S.Gokulraj For R1 & R2 : Mr.S.Chandrasekar Government Advocate For R3 : Mr.M.Senthilkumar For R4 & R5 : No Appearance
O R D E R
(Order of the Court was made by T.S.SIVAGNANAM, J.) https://hcservices.ecourts.gov.in/hcservices/ The petitioner, who is an auction purchaser in an auction conducted by the respondent Bank, pursuant to the proceedings
initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, [hereinafter referred to as 'the SARFAESI Act'] for the default committed by the fifth respondent - Borrower, is before this Court to implement the order passed by the District Collector under Section 14 of the SARFAESI Act.
2.In our considered view, how the petitioner seeks the said relief, as he is an auction purchaser in respect of an auction conducted by the third respondent Bank and merely because, the District Collector has passed an order for assisting the respondent Bank in taking possession of the property.
3.Be that as it may, the learned counsel for the respondent Bank submits that the officials have assured to do the needful in the matter in a couple of weeks.
4.In the light of the abovesaid submission, no further order is necessary. Hence, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Karur District, Karur.
2.The Revenue Divisional Officer, Karur, Karur District.
3.The Authorized Officer, Indian Bank, Main Branch, Karur - 639 001.
4.The Branch Manager, Indian Bank, Karur Branch, Karur.
+One cc to The Special Government Pleader, SR.No.52518 +One cc to Mr.S.Gokulraj, Advocate, SR.No.52361 +One cc to Mr.M.Senthilkumar, Advocate, SR.No.52376 smn2 RL/8C/2P/MR/2.5.2017 W.P.(MD)No.4030 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 17.04.2017