Disposed

M/s.Dcbbank Ltd., v. The District Collector

Madras HC4 Jan 2018WP/34306/2017

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the court directed the Tahsildar to submit a report under the SARFAESI Act within two weeks and the District Collector to pass orders within a further two weeks, disposing of the petition at the admission stage.

What did the court decide?

Directions given to Tahsildar to submit report within two weeks and District Collector to pass orders within a further two weeks.

M/s.Dcbbank Ltd., Vs The District Collector — Property and Title | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.01.2018

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CORAM:

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR and

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THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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W.P.No.34306 of 2017

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and

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W.M.P.No.38177 of 2017

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M/s.DCB Bank Ltd., Registered Officer at No.601 & 602, Peninsula Business Park, Branch Office at No.6, Rajaji Road, 1st Floor, Nungambakkam, Chennai 600 034. Rep. by its Senior Manager. .. Petitioner Vs. 1.The District Collector, Kancheepuram District, Kancheepuram. 2.The Tahsildar, Pallavaram. .. Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the second respondent to pass orders on an application filed under Section 14 of the SARFAESI Act by the petitioner bank relating to the file Rc.No.10899/2016/M3, dated 23.05.2016 within a time frame.

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For Petitioner : M/s.Christalla

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For Respondents: Mr.M.Elumalai Government Advocate ORDER (Order of the Court was made by S.MANIKUMAR, J.)

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M/s.DCB Bank Ltd., Chennai, has filed the instant writ petition, for a mandamus, directing the second respondent, to pass orders on the application, filed under Section 14 of the SARFAESI Act, taken on record, in Rc.No.10899/2016/M3, dated 23.05.2016, within a time frame.

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https://hcservices.ecourts.gov.in/hcservices/

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Mr.M.Elumalai, learned Government Advocate, appearing for the respondents, submitted that so far, no order has been passed.

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With the consent of learned counsel appearing for both parties, writ petition is disposed of, at the admission stage itself.

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Material on record discloses that pursuant to the application, dated 23.05.2016, filed under Section 14 of the SARFAESI Act, 2002, the District Collector-cum-District Magistrate, Kancheepuram, in his letter, R.C.No.10899/2016/M3, dated 04.07.2016, has called for certain details, from the Tahsildar, Pallavaram. As no orders have passed, bank has sent a letter, dated 22.09.2017, to the District Collector-cumDistrict Magistrate, Kancheepuram District, requesting for early orders. Left with no other alternative, Bank has filed the instant writ petition, for a mandamus, as stated supra.

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On instructions, Mr.M.Elumalai, learned Government Advocate, submitted that the Tahildar, Pallavaram, is yet to submit his report, to the District Collector-cum-District Magistrate, Kancheepuram District, so as to enable the latter pass orders, on the application of the bank.

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Placing on record the above, we direct the Tahsildar, Pallavaram, Kancheepuram District/second respondent herein, to submit his report, within two weeks, from the date of receipt of a copy of this order. The District Collector-cum-District Magistrate, Kancheepuram District, is directed to pass orders, within a further period of two weeks, thereafter. It is made clear that the said exercise should be completed, within four weeks, from the date of receipt of a copy of this order.

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Accordingly, the instant Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar(CS VI )

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//True copy//

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Sub Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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1.The District Collector, Kancheepuram District, Kancheepuram.

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2.The Tahsildar, Pallavaram.

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+1cc to Mr.M.Christella, Advocate SR.No.862 +1cc to Government Pleader SR.No.823

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W.P.No.34306 of 2017
and
W.M.P.No.38177 of 2017
KAN(CO)
GN(08/01/2018)

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https://hcservices.ecourts.gov.in/hcservices/

M/s.Dcbbank Ltd., v. The District Collector

Case brief

What is this about?

What did the court decide?

M/s.Dcbbank Ltd., v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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