K.Amsaveni Vs The District Magistrate and District collector

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.11.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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WP NO.23419 OF 2021

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AND

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WMP NOS.24693 AND 24694 OF 2021

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1.K.Amsaveni

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2.D.Amutha

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 ...Petitioners

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Vs.

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1.The District Magistrte and
 District Collector,
 Dharmapuri District,

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 Dharmapuri

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2.The Authorised Officer,
 Indian Overseas Bank,
 Sarumapatti Branch,

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 Erode District

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3.A.D.Alagesan ...Respondents

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Prayer : Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorari calling for the
entire records relating to the impugned order passed by the 1st
respondent in his proceedings Roc.No.9998/2014/F1(8/14) dated
25.05.2018 and quash the same.

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ORDER

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(Order of the Court was made by The Hon'ble Chief Justice)

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The petitioner complains of an order dated May 25, 2018
by the District Collector, Dharmapuri, following a request made

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

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by the respondent secured creditor under Section 14 of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002.

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2. Ordinarily, the writ court in exercise of its
authority under Article 226 of the Constitution does not
entertain such a challenge since, under Section 14 of the Act of
2002, only administrative assistance is extended to a secured
creditor so that the secured creditor may have access to the
secured assets or documents pertaining thereto or the like.
However, the underlying measures adopted by a secured creditor
under Section 13(4) of the Act may be questioned by any person
aggrieved thereby before the appropriate Debts Recovery Tribunal
under Section 17 of the Act.

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3. However, if the assistance rendered is grossly
disproportionate to what was asked for or may have been
reasonable in the circumstances, such excessive administrative
assistance may be questioned in proceedings under Article 226 of
the Constitution. In the present case, it is not such aspect of
the matter which is complained against; but the petitioner
questions the very authority of the secured creditor to proceed
against the securities for which administrative assistance was
sought under Section 14 of the Act. Thus, this is a matter which
has to be taken to the appropriate Debts Recovery Tribunal.

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4. Accordingly, WP No.23419 of 2021 is not entertained
and the petitioner is left free to pursue the jurisdictional
Debts Recovery Tribunal in accordance with law. There will be no
order as to costs. W.M.P.No.24693 and 24694 of 2021 are closed.

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Sub Assistant Registrar

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tar

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To:

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1.The District Magistrte and
 District Collector,
 Dharmapuri District.

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

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2.The Authorised Officer,
 Indian Overseas Bank,
 Sarumapatti Branch,
 Erode District

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WP No.23419 of 2021

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SMI(CO)
RVM(11/11/2021)

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

K.Amsaveni v. The District Magistrate and District collector

Case brief

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K.Amsaveni v. The District Magistrate and District collector

Case brief

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