Madras High Court
Export - Import Bank Of India vs The District Magistrate - Cum - ... on 26 September, 2018
Author: M.Duraiswamy
Bench: V.K.Tahilramani, M.Duraiswamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.09.2018 CORAM : The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.24183 of 2018 Export - Import Bank of India, No.18, Ramanashree Arcade, 4th Floor, M.G. Road, Bangalore - 560 001. .. Petitioner -vs- The District Magistrate - cum - Collector, Thiruvallur District, Thiruvallur. .. Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondent to dispose of the application filed by the petitioner under Section 14 of the SARFAESI Act bearing R.C.No.347/2018/M2, dated 05.1.2018 in accordance with law. For Petitioner : Mr.Shivakumar For Respondent : Mr.P.Kamalesh Kannan Government Advocate ORDER
(Order of the Court made by The Hon'ble Chief Justice) Mr.P.Kamalesh Kannan, learned Government Advocate accepts notice on behalf of the respondent.
2. This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondent to pass an order on the petition dated 05.1.2018 filed by the petitioner under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, 'SARFAESI Act').
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.
4. Learned counsel appearing for the petitioner submitted that though the petition filed by the petitioner is pending since January, 2018, the respondent-District Collector has not disposed of the same till date. He would submit that in view of the long pendency of the matter, the petitioner is not in a position to take possession of the property.
5. Learned Government Advocate submitted that the respondent may be directed to dispose of the petition dated 05.1.2018 filed by the petitioner under Section 14 of the SARFAESI Act within a period of six weeks.
6. Having regard to the submission made by the learned counsel appearing on either side and taking note of the limited prayer sought for in this writ petition, without expressing any opinion on the merits of the case, we direct the respondent to consider and pass orders on the petition dated 05.1.2018 filed by the petitioner under Section 14 of the SARFAESI Act, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after giving notice to all concerned.
7. With these observations, the writ petition is disposed of. No costs.
(V.K.T., CJ.) (M.D., J.)
26.09.2018
Index : Yes/No
Internet : Yes
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To
The District Magistrate cum Collector, Thiruvallur District.
The Hon'ble Chief Justice
and
M.Duraiswamy, J.
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W.P.No.24183 of 2018
26.09.2018