M/S.Fullerton India Credit,Com v. The District Collector

W.P(MD)NO.19166 OF 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)NO.19166 OF 2018 M/s.Fullerton India Credit Company Limited, having its Office at Old No.307, New No.165, Megha Towers, Third Floor, Poonamallee High Road, Maduravoyal, Chennai - 600 095, representedby its Authorized Officer A.Veerabagu Alagianambi.

:Petitioner .vs.

1.The District Collector, Madurai District, Madurai.

2.P.K.Munirajan 3.M.Poonkothai : Respondents/Respondents (Respondents 2 and 3 impleaded as per order of this Court made in W.M.P(MD)No.17904 of 2018, dated 26.09.2018) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court for issuance of a Writ of Mandamus directing the first respondent to issue the order in Section 14 Petition dated 10.1.2018 filed by the Petitioner before the first respondent to take possession of the secured assets and hand over it to the Petitioner within the time limited fixed by this Court. For Petitioner :Mr.S.Namasivayam For Respondent-1 :Mr.N.Shanmugaselvam Addl.Govt.Pleader For Respondents :Mr.M.Erulappan 2 and 3 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)NO.19166 OF 2018

O R D E R

[Order of the Court was made by SENTHILKUMAR RAMAMOORTHY,J.] This Writ Petition is filed to direct the first respondent herein to pass orders on the petition filed under Section 14 of the SARFAESI Act within the time limit to be fixed by this Court. 2.Heard the learned counsel for the appellant and the learned Additional Government Pleader appearing for the first respondent and the learned counsel appearing for the respondents 2 and 3. 3.The learned counsel for the Petitioner submitted that the Writ Petition is for the limited purpose of directing the first respondent herein to dispose of the Section 14 petition, which was filed on 10.1.2018 within the stipulated time. 4.In view of the limited scope of the present Writ Petition and the fact that time limit of 60 days is specified in the amended Section 14 of the SARFAESI Act, we are inclined to dispose of this Writ Petition by fixing a time limit as prayed for by the Writ Petitioner.

5.Accordingly, the first respondent herein is directed to consider and pass orders on the Section 14 petition filed by the Petitioner, on merits and in accordance with law within a period of 30 days from the date of receipt of a copy of this order. 6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar To The District Collector, Madurai District, Madurai.

+1 CC to M/s.S.NAMA SIVAYAM, Advocate ( SR-81419[F] dated 13/08/2019 ) +1 CC to M/s.SPL GP ( SR-82026[F] dated 16/08/2019 ) ORDER MADE IN W.P(MD)NO.19166 OF 2018 13.08.2019 vsn JM/27.08.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2