State Bank Of India v. The District Collector/The District Magistrate

W.P.(MD)No.25566 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.25566 of 2019 State Bank of India, Represented by its Chief Manager / Authorised Officer, Madhuram Complex, No.2, Ambedkar Road, Madurai-2.

... Petitioner Vs.

The District Collector / The District Magistrate, Madurai District, Madurai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to pass order in the proceeding No.Roc.No.C6/43282/2018 for taking over the physical possession of the mortgaged property bearing Plot No.No.120 admeasuring an extent of 2556 1/4 sq.ft comparising in R.S.Nos.27/1 and 51/2, Melakuilkudi Village, Madurai South Registration Office, Madurai Under Section 14 of the SARFAESI Act filed by the bank.

For Petitioner : Mr.V.P.Rajan For Respondent : Mr.A.K.Baskara Pandian Special Government Pleader

ORDER

[Order of this Court was made by T.S.SIVAGNANAM, J.] Heard Mr.V.P.Rajan, learned counsel for the petitioner and Mr.A.K.Baskara Pandian, learned Special Government Pleader, who accepts notice for the respondent.

2. The petitioner, State Bank of India seeks direction upon the respondent to consider the application filed under Section 14 of the SARFAESI Act, which is stated to be pending for about one year.

3. We are aware of the fact that the District Collector has multiple activities and has busy schedule. Nevertheless, since the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.25566 of 2019 statute has conferred the power to the District Collector to exercise jurisdiction under Section 14 of the Act, the same has to be taken note and considered by the District Collector.

4. Hence, this writ petition is disposed of by directing the District Collector to take note of the petition filed by the petitioner Bank under Section 14 of the SARFAESI Act and pass orders as expeditiously as possible. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS ) ta To The District Collector / The District Magistrate, Madurai District, Madurai.

+1 CC to Mr.V.P. RAJAN, Advocate ( SR-102659[F] dated 29/11/2019 ) +1 CC to Spl.GP ( SR-103014[F] dated 02/12/2019 ) ORDER MADE IN W.P.(MD)No.25566 of 2019 29.11.2019 MK (07.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2