Madras High Court
M/S.Sundaram Bnp Paribas Home Finance ... vs The District Magistrate/District ... on 10 April, 2015
Author: S.Manikumar
Bench: S.Manikumar, V.M.Velumani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2015 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD).No.5415 of 2015 M/s.Sundaram BNP Paribas Home Finance Ltd., rep. by its Authorised Officer N.Udayakumar 46, Whites Road, SF Towers, IV Floor, Royapettah, Chennai-600 014. ..Petitioner versus 1.The District Magistrate/District Collector, Office of the District Collector, Thanjavur District, Cutchery Road, Thanjavur - 613 001. . . Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to pass orders on the petition dated 11.11.2014 filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, within a time frame as fixed by this Court. !For Petitioner : Mr.V.Karthikeyan ^For respondents : Mr.M.Alagadevan, Special Government Pleader. :ORDER
(Order of the Court was made by S.MANIKUMAR ,J.) Considering the limited relief sought for in W.P.(MD).No.5415 of 2015, for a Mandamus directing the District Magistrate/District Collector, Thanajavur District, to pass orders on the petition dated 11.11.2014 filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, (hereinafter referred as the 'SARFAESI Act') within a time frame as fixed by this Court. Mr.M.Alagadevan, learned Special Government Pleader, is put on notice.
2. According to the petitioner, the application dated 11.11.2014, under Section 14 of the SARFAESI Act has been made and reminders were also sent, but no order have been passed.
3. Material on record discloses in similar circumstances, this Court in W.P.No.2188 of 2015, dated 30.01.2015 and W.P.No.4267 of 2015, dated 19.02.2015, has directed the District Magistrate/District Collector, respondents therein, to pass orders on the application filed under Section 14 of the SARFAESI Act. At paragraphs 2 and 3 in W.P.No.4267 of 2015 dated 19.02.2015, the Hon'ble Division Bench has passed the following orders:-
"2. It is to be pointed out that Section 14 of the SARFAESI Act enables the secured creditor to seek the assistance of Chief Metropolitan Magistrate or District Magistrate in taking possession of the secured asset. In fact, under Section 14 of the Act, the respondent has two options namely, 1) he may require the Bank by calling upon it to furnish the necessary details on any aspect and 2) Also, he may issue notice to the borrower for verification of existence of any fact, which is required to be verified by him. Thereafter, he may proceed for exercise of power in terms of ingredients of Section 14 of the Act.
3. In view of the fact that the relief sought for by the Petitioner in the present Writ Petition is of limited in nature, viz., for passing of an order by this Court in directing the Respondent/District Collector, Chengalpet District, Kancheepuram to pass necessary orders on the petition dated 12.07.2014 filed under Section 14 of the SARFAESI Act, this Court at this stage, Simpliciter, in the interest of Justice, Fair Play, Equity, Good Conscience and even as a matter of prudence, direct the Respondent to look into the representation of the petitioner dated 17.11.2014 and to take into consideration of the petition dated 12.07.2014 filed by the petitioner under Section 14 of the SARFAESI Act and to pass necessary orders in Section 14 petition on merits as expeditiously as possible, in any event, within a period of six weeks from the date of receipt of a copy of this order."
4. The above said decision squarely applies to the facts of this case. The present Writ Petition is disposed of on the same lines giving four weeks time, from the date of receipt of a copy of this order, to the District Collector/District Magistrate, Thanjavur S.MANIKUMAR,J.
and V.M.VELUMANI,J jikr District, to pass order on the application/petition dated 11.11.2014 filed under Section 14 of the SARFAESI Act. No costs.
Index : Yes/No (S.M.K,J.) (V.M.V.,J.) Internet : Yes/No 10.04.2015 jikr To
1.The District Magistrate/District Collector, Office of the District Collector, Thanjavur District, Cutchery Road, Thanjavur - 613 001.
W.P.(MD).No.5415 of 2015