Madras High Court
Oriental Bank Of Commerce vs The District Collector/The District ... on 8 February, 2021
Author: Senthilkumar Ramamoorthy
Bench: Sanjib Banerjee, Senthilkumar Ramamoorthy
W.P.Nos.29612, 29615 and 29616 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.Nos.29612, 29615 and 29616 of 2019
W.P.No.29612 of 2019:
Oriental Bank of Commerce,
rep. by its Chief Manager-Law A.Ramesh Babu,
Spencer Plaza, 2nd Floor,
769, Anna Salai, Mount Road,
Chennai - 600 002. .. Petitioner
-vs-
1.The District Collector/The District Magistrate,
Coimbatore District,
State Bank Road, Beside Police Office,
Gopalapuram, Coimbatore,
Tamil Nadu - 641 018.
2.S.Chinniah .. Respondents
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W.P.Nos.29612, 29615 and 29616 of 2019
W.P.No.29615 of 2019:
Oriental Bank of Commerce,
rep. by its Chief Manager-Law A.Ramesh Babu,
Spencer Plaza, 2nd Floor,
769, Anna Salai, Mount Road,
Chennai - 600 002. .. Petitioner
-vs-
1.The District Collector/The District Magistrate,
Coimbatore District,
State Bank Road, Beside Police Office,
Gopalapuram, Coimbatore,
Tamil Nadu - 641 018.
2.M/s. Shree Thailayee Amman Steel & Alloya,
rep. by its Partners,
3/7, B, Irwin Road, Jothipuram,
Coimbatore - 641 047.
3.T.Senthilkumar,
Partner M/s.Shree Thailayee Amman Steel & Alloys,
24-1, Tatabad Street No.7.
Coimbatore - 641 012.
4.B.Maheswri,
Partner M/s.Shree Thailayee Amman Steel & Alloys,
61/33A, Ranganathapuram,
Periyanaickenpalayam,
Coimbatore - 641 020. .. Respondents
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W.P.Nos.29612, 29615 and 29616 of 2019
W.P.No.29616 of 2019:
Oriental Bank of Commerce,
rep. by its Chief Manager-Law A.Ramesh Babu,
Spencer Plaza, 2nd Floor,
769, Anna Salai, Mount Road,
Chennai - 600 002. .. Petitioner
-vs-
1.The District Collector/The District Magistrate,
Coimbatore District,
State Bank Road, Beside Police Office,
Gopalapuram, Coimbatore,
Tamil Nadu - 641 018.
2.M/s. Gurusamy Steel,
30, Janakiammal Layout,
Ambal Nagar,
Avarampalayam Road,
Coimbatore - 641 006.
3.M.Alagiri,
Partner M/s.Gurusamy Steels,
30, Janakiammal Layout,
Ambal Nagar,
Avarampalayam Road,
Coimbatore - 641 006.
4.D.Rachel Philip,
30, Janakiammal Layout,
Ambal Nagar,
Avarampalayam Road,
Coimbatore - 641 006. .. Respondents
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W.P.Nos.29612, 29615 and 29616 of 2019
W.P.No.29612 of 2019 filed under Article 226 of the Constitution
of India praying for issue of Writ of Mandamus directing the first
respondent viz., the District Magistrate/District Collector to issue
appropriate orders and directions to the Tahsildhar, Coimbatore Taluk
or appropriate authority to take physical possession of the secured
assets, namely the property situated at SF No.50/2A and 51/4, site
No.2 (Southern Portion) Amman Nagar, Singanallur, Coimbatore - 641
005 within the following boundaries East of - SF No.51/4, West of 20
ft. north south road, north of 20 ft. east west road, south of northern
portion of site No.2 (SS Pappy Property) belonging to S.P.Chinnayya,
totally 3 cents and 71 sq. ft. or 1377 sq. ft. together with constructed
building belonging to S.P.Chinnayya with a right way in the layout
roads, basements, appurtenances etc.
W.P.No.29615 of 2019 filed under Article 226 of the Constitution
of India praying for issue of Writ of Mandamus directing the first
respondent, viz., the District Magistrate/District Collector to issue
appropriate orders and directions to the Tahsildhar, Coimbatore Taluk
or appropriate authority to take physical possession of the secured
assets, namely item No.1 in the Coimbatore Registration District, in
Gandhipuram Sub Registration District, Sanganoor Village TS
No.11/598, situated at Site No.198, Door No.106, 7th street, Tatabad,
Gandhipuram, Coimbatore - 641 012 and as per document No.592/213
within the following boundaries; east of Rangammal house, north of
Krishnamma Achari property, south of 5 ft. pathway and Subbulakshmi
property, west of property belonging to Siva Murugesan to an extent of
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W.P.Nos.29612, 29615 and 29616 of 2019
840 sq. ft. of land and building beloning to Senthil Kumar T thereon
with a right way of the layout roads, basements, appurtenances etc,
item No.2 in Coimbatore Registration District, Ganapathy Sub Registrar
on Distrcit Ganapathy Village, S.F.No.250/3C, Site No.10, Railway Line
Street, Ganapathy Coimbatore as per the Document No.592/2013
within the following boundaries north and west of post man Ramasamy
Naidu property, east of 20 feet road, south of Railway Line totally 140
sq. ft. land and building belonging to T.Senthil KUmar thereon with a
right way in the layout roads, basements, appurtenances etc.
W.P.No.29616 of 2019 filed under Article 226 of the Constitution
of India praying for issue of Writ of Mandamus directing the first
respondent, viz., the District Magistrate/District Collector to issue
appropriate orders and directions to the Tahsildhar, Coimbatore Taluk
or appropriate authority to take physical possession of the secured
assets, namely the property situated at SF No.403/1, 2, 3 and 404/1B
situated at site No.26, Murugan Colony, Edayarpalayam,
Kavundampalayam Village, Vadavalli SRO Coimbatore, as per
document No.5924/2006 within the following boundaries north of site
No.25, owned by Rama Kalyani, east of 20 feet road, south of site
No.27, west of land in SF No.426, the effective area of land being 2500
sq. ft. and with RCO building of 1085 sq. ft. in ground floor and 675
sq. ft. in first floor with all other appurtenances compound wall on the
south and western site of building and staircase and easements
belonging to D.Rachel Philip etc.
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W.P.Nos.29612, 29615 and 29616 of 2019
For Petitioner : Mr.S.K.Srinivasan
For Respondents : Mr.K.S.Suresh
Government Advocate
COMMON ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The matter pertains to the petitioner's application to the respondent District Collector-District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
2. The petitioner complains that despite the petitioner having approached the District Collector some time in 2018, no steps have been directed to be taken as of now.
3. It is imperative that authorities approached under Section 14 of the Act of 2002 extend the assistance as sought by the secured creditors upon a prima facie satisfaction that the secured creditor has a claim against the debtor. There is no doubt that the delay in the __________ Page 6 of 9 https://www.mhc.tn.gov.in/judis/ W.P.Nos.29612, 29615 and 29616 of 2019 present case has been primarily due to the situation arising out of the pandemic over the last year or so.
4. W.P.No.29612 of 2019 along with W.P.Nos.29615 and 29616 of 2019 are disposed of by requesting the appropriate officials approached under Section 14 of the Act of 2002 to render such assistance as may be necessary and may be perceived to be appropriate for the writ petitioner-secured creditor to take meaningful steps under Section 13(4) of the Act of 2002 against the relevant debtors. It is made clear that the requisite steps should be directed to be taken within a period of six weeks from date.
There will be no order as to costs.
(S.B., CJ.) (S.K.R., J.)
08.02.2021
Index : No
bbr
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https://www.mhc.tn.gov.in/judis/ W.P.Nos.29612, 29615 and 29616 of 2019 To:
The District Collector/The District Magistrate, Coimbatore District, State Bank Road, Beside Police Office, Gopalapuram, Coimbatore, Tamil Nadu - 641 018.
__________ Page 8 of 9 https://www.mhc.tn.gov.in/judis/ W.P.Nos.29612, 29615 and 29616 of 2019 THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.
bbr W.P.Nos.29612, 29615 and 29616 of 2019 08.02.2021 __________ Page 9 of 9 https://www.mhc.tn.gov.in/judis/