Bank filed writ petition for mandamus directing authorities to take possession of secured assets under SARFAESI Act. Collector produced showing compliance. Court closed the petition finding no need for further orders.
Writ petition closed as no further orders were necessary.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 12.12.2019
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
WP.No.28829/2019
Oriental Bank of Commerce rep.by its Chief Manager-Law Mr.A.Ramesh Babu, Spencer Plaza 2nd Floor, 769, Anna Salai, Mount Road Chennai 600 002. .. Petitioner Versus
1.The District Collector The District Magistrate Coimbatore District, State Bank Road, Beside Police Office Gopalapuram, Coimbatore Tamil Nadu 641 018.
2.Shri Stalin
3.Smt.Karthika .. Respondents
PRAYER:Writ petition filed under Article 226 of the Constitution of India prays to issue a Writ of mandamus directing the first respondent, viz., the District Magistrate/District Collector to issue appropriate orders and directions to the Tahsildar, Coimbatore Taluk or appropriate authority to take physical possession of the secured assets, namely the SF No.48/1, Perinaickenpalayam, Sarakarsamakulam Village, Coimbatore as per document No.3894/2013 within the following boundaries:East of Chinna Angappa Mudaliar, Perumal Samy properties ; West of Muthusamy property, Ramthal property & 4ft road ; North of Chinna Angappa Mudaliar property ; South of Perumal Samy house and vcant land, totally 903 sq.ft., land and building therein belonging to K.Stalin with a path way, easements, appurtenances etc.
For Petitioner : Mr.S.K.Srinivasan
For R1 : Mr.Akhil Akbar Ali, GA
1
ORDER
[Order of the Court was made by M.SATHYANARAYANAN,J.,]
Sd/Assistant Registrar
//True Copy// Sub Assistant Registrar
AP
2
To The District Collector The District Magistrate Coimbatore District, State Bank Road, Beside Police Office Gopalapuram, Coimbatore Tamil Nadu 641 018. Copy to: The Section Officer, Writ Section, High Court, Madras-104. +1cc to the Government Pleader SR.104055 WP.No.28829/2019 RGN(CO) CB(10/02/2020) CB(05/03/2020)
3
1 issue framed by the court
Whether the writ petition should be disposed of after the District Collector produced the order complying with the SARFAESI Act.
2 provisions across 2 enactments
Oriental Bank of Commerce
The District Collector
Shri Stalin
Smt. Karthika
M. SATHYANARAYANAN
R. HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
