Madras High Court
K.Shanthi vs The Authorised Officer on 18 January, 2018
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18-01-2018 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.20985 of 2007 and M.P.Nos.2 and 3 of 2007 K.Shanthi ... Petitioner Vs. 1.The Authorised Officer, State Bank of India, Arani Branch, Arani, Thiruvannamalai. 2.The Manager, State Bank of India, Arani Branch, Arani, Thiruvannamalai. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the issue of auction notice dated 6.11.2006 duly issued under Rule 8(1) of the Security Interest (Enforcement) Rules 2002 duly issued by the Authorised Officer, State Bank of India, Arani Branch, Arani, Thiruvannamalai District, namely, first respondent herein and the consequent publication in News Paper in claiming that the property comprised of house ground and premises bearing Door No.17/18, A-3 Block, Veerabadira Nattar Street, Saidapet, Arni Taluk, in all measuring 1638 sq. ft., will be sold in public auction scheduled to be held on 20.6.2007 and quash the same and direct the respondents to release the petitioner's property from the clutches of the SARFAESI Act. For Petitioner : Mr.T.Arumugam For Respondents : No Appearance O R D E R
The relief sought for in this writ petition is to call for the records pertaining to the issue of auction notice dated 6.11.2006 duly issued under Rule 8 (1) of the Security Interest (Enforcement) Rules 2002 duly issued by the Authorised Officer, State Bank of India, Arani Branch, Arani, Thiruvannamalai District, namely, first respondent, herein and the consequent publication in News Paper in claiming that the property comprised of house ground and premises bearing Door No.17/18, A-3 Block, Veerabadira Nattar Street, Saidapet, Arani Taluk, in all measuring 1638 sq. ft., will be sold in public auction scheduled to be held on 20.6.2007 and quash the same and direct the respondents to release the petitioner's property from the clutches of the SARFAESI Act.
2. It is pertinent to note that the auction notice dated 6.11.2006 is under challenge in this writ petition. There are procedures prescribed to be followed after issuing the auction notice. The present status of the auction notice is also unable to be ascertained by the learned counsel for the writ petitioner.
3. This apart, the matter is relating to the Securitisation Act and it is left open to the writ petitioner to adjudicate the matter in accord with the procedures contemplated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
4. As far as this writ petition is concerned, the auction notice dated 6.11.2006 is under challenge and now after the lapse of 11 years from the date of issuance of the notice, this Court is not inclined to consider the writ petition on merits and it is for the writ petitioner to workout her remedy under the provisions of the Act and in the manner known to law, if any grievance exists as of now. Accordingly, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed.
18-01-2018 Speaking order/Non-speaking order Index: Yes/No Internet: Yes/No Svn To
1.The Authorised Officer, State Bank of India, Arani Branch, Arani, Thiruvannamalai.
2.The Manager, State Bank of India, Arani Branch, Arani, Thiruvannamalai.
S.M.SUBRAMANIAM, J.
Svn W.P.No.20985 of 2007 18-01-2018