Lakshmi Vilas Bank v. The District Collector
W.P(MD)No.26447 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P(MD)No.26447 of 2019 and W.M.P(MD)No.22863 of 2019 Lakshmi Vilas Bank, represented by its Manager,Vengamedu Branch, No.533, Salem Main Road, Vengamedu - 639 006.
Karur District.
... Petitioner Vs.
The District Collector, SH-874, 1st Floor,Collector Office, Karur - 639 007.
Karur District.
... Respondent Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondent to pass suitable further orders in R.C.No.D4/16506/2018, dated 04.03.2019 for taking physical possession of the mortgaged properties within a time frame that may be fixed by this Court. For Petitioner : Mr.C.Jawahar Ravindran For Respondent : Mr.VR.Shanmuganathan Special Government Pleader
ORDER
[Order of the Court was made by M.DURAISWAMY,J.] The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondent viz., the District Collector, Karur District to pass further orders pursuant to the order dated 04.03.2019 for taking physical possession of the mortgaged properties within a time frame.
2. Though the respondent - District Collector, Karur District had passed the order dated 04.03.2019 in an application filed under Section 14 of the SARFAESI Act for taking physical possession of the mortgaged properties from the borrower, the respondent has not implemented the order so far by taking physical possession from the borrower. In these circumstances, we direct the respondent - District Collector, Karur District to implement the order dated 04.03.2019 passed by him in the application filed under Section 14 of the SARFAESI Act and take the physical possession of the secured asset from the borrower within a period of six weeks from the date of receipt of a copy of this order, if no order of stay has been https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.26447 of 2019 granted either by this Court or by the Debts Recovery Tribunal.
3. With these observations, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) SSL To The District Collector, SH-874, 1st Floor, Collector Office, Karur - 639 007.
Karur District.
+1 CC to M/s.C.JAWAHAR RAVINDRAN, Advocate ( SR-104787[F] +1 CC to M/s.SPL.GP ( SR-105001[F] dated 13/12/2019 ) SMA/06/01/2020/2P/4C W.P(MD)No.26447 of 2019 and W.M.P(MD)No.22863 of 2019 12.12.2019 https://hcservices.ecourts.gov.in/hcservices/ 2/2