The Madras High Court dismissed a writ petition challenging possession proceedings under the SARFAESI Act. The Court held that pending civil suits regarding title belonged to the civil courts and no writ intervention was permissible.
Writ petition and connected miscellaneous petitions dismissed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :21.08.2018
CORAM
THE HONOURABLE Mr.JUSTICE T.RAJA
AND
THE HONOURABLE Mr.JUSTICE KRISHNAN RAMASAMY
W.P(MD)No.18201 of 2018 and W.M.P.(MD) Nos.16103 to 16105 of 2018
1.Blessy Mol
2.Priya Mol ... Petitioners
Vs.
1.The District Collector, Kanyakumari District.
Nagercoil, Kanyakumari District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the first respondent in K.Dis.No.C4/6133/2018 dated 02.04.2018 and quash the same as illegal and further direct the respondent not to initiate further proceeding till the disposal of the Civil Suit in O.S.No. 21 of 2018 pending on the file of the Sub Judge,Kuzhuthurai.
For Petitioners : Mr.V.M.Balamohan Thambi
For R1 : Mr.V.Anand Government Advocate For R2 : Mr.S.Devaraj
O R D E R
(Order of the Court was made by T.RAJA., J )
This Writ Petition has been directed against the impugned proceedings dated 02.04.2018 issued by the District Collector, Kanyakumari District @ Nagercoil in K.Dis.No.C4/6133/2018, by https://hcservices.ecourts.gov.in/hcservices/ which, the District Collector, exercising the powers under Section 14(1)(2) of SARFAESI Act, 2002, issued order for taking possession of the secured assets and handing over the same to the second
2
respondent - the Authorized Officer of the State Bank of India, Vadasery Branch, Nagercoil. Moreover, the Special Tahsildar StampII, Marthandam, is also authorized as Nodal Officer to take possession of the said property and hand over the same to the Authorized Officer of the Bank with proper acknowledgment.
3
acknowledgment. If the physical possession of the property is taken and sold in a public auction, the suit filed by the petitioners and also the suit filed by the said Lilly Pushpam would become meaningless.
// True Copy //
Sub Assistant Registrar(CS-IV)
4
To
1.The District Collector, Kanyakumari District.
W.P(MD)No.18201 of 2018 and W.M.P.(MD) Nos.16103 to 16105 of 2016 21.08.2018
CM
TR/SV/SAR-IV(27.10.2018)4P 5C
2 issues framed by the court
Whether the High Court can grant relief in a writ petition when the remedy lies in the civil courts where suits regarding title are pending.
Whether the issuance of a direction for possession under the SARFAESI Act can be quashed despite pending civil litigation on the same property.
4 provisions across 2 enactments
Blessy Mol
Priya Mol
District Collector, Kanyakumari District
State Bank of India, Vadasery Branch, Nagercoil
T.RAJA
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
