M/S. State Bank Of India v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR. JUSTICE S.S.SUNDAR W.P.(MD)No.7813 of 2016 M/s.State Bank of India, Stressed Assets Management Branch, Raja Plaza, Firt Floor, No.1112, Avinashi Road, Coimbatore - 641 037, Rep. by its Chief Manager.

.. Appellant Vs.

The District Collector, (District Magistrate), Thanjavur District, Thanjavur.

.. Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondent to pass appropriate orders in the petitioner's application, dated 19.08.2015 in file Ref.No.34810/2015, submitted under Section 14 of the SARFAESI Act, rendering necessary assistance to the petitioner in terms of Section 14 of the SARFAESI Act to take vacant physical possession of the secured assets as set out therein.

For petitioner : Mr.Ramalingam For Respondent :Mr.S.Kumar Additional Government Pleader

JUDGMENT

(Judgment of this Court was delivered by S.MANIKUMAR, J.) M/s.State Bank of India, Stressed Assets Management Branch, Coimbatore, has filed an application, dated 19.08.2015, under Section 14 of the SARFAESI Act, has sought for a writ of Mandamus directing the District Collector (District Magistrate), Thanjavur District, to pass appropriate orders rendering assistance to take vacant possession of the secured assets.

2.Expressing concern over the administrative delay in passing necessary orders, on the applications filed by the banks under Section 14 of the SARFAESI Act, the Principal Secretary to

the Government, Finance (Res.II) Department, has issued a letter No.19498/Res.II/2014-1, dated 09.07.2014. Despite the same, orders are not passed on the applications.

3.Mr.Ramalingam, learned counsel appearing for the petitioner submitted that speedy disposal of the applications filed under Section 14 of SARFAESI is not done. 4.Considering the limited prayer sought for, Mr. learned Additional Government Pleader was put on notice. He submitted that in application application, dated 19.08.2015 in file Ref.No.34810/2015, orders would be passed within two months from the date of receipt of a copy of receipt of a copy of this order. 5.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

6.We do acknowledge the submission of Mr.Ramalingam, learned counsel appearing for M/s.State Bank of India, that time and again, writ petitions have been filed for issuance of writ of Mandamus to the District Collectors/District Magistrates, to pass orders on the applications filed under Section 14 of the SARFAESI Act, 2002, so as to enable the Banks to take physical possession of the secured assets. Directions have been issued by the Government that there should be speedy disposal of the application filed under Section 14 of the SARFAESI Act. Instructions have been issued to all the District Collectors.

7.In the light of the above, we direct the The District Collector (District Magistrate), Thanjavur District, to pass orders on the application, dated 19.08.2015 in file Ref.No.34810/2015, filed under Section 14 of the SARFAESI Act, within a period of two months from the date of receipt of a copy of this order. While doing so, procedure set out under Section 14 of the Act, should be followed. Mr.S.Kumar, learned Additional Government Pleader is directed to forward the copy of this order to the Principal Secretary to Government, Finance (Res.II) Department, Chennai, for appropriate follow up action. 8.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

rj2 To 1 The District Collector, (District Magistrate), Thanjavur District, Thanjavur.

2.Mr.S.Kumar, Additional Government Pleader, Madurai Bench of Madras High Court,Madurai.

+1 cc to Special Government Pleader, Sr No.23134 +1 cc to M/S.Ramalingam, Associates Sr No.23045 rg.ngm.ss 06.05.2016 3p/5c W.P.(MD)No.7813 of 2016 22.04.2016