Disposed

R.Sundaresh v. The District Collector / The District Magistrate

Madras HC13 Dec 2021WP/26475/2021

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the petitioner challenged the failure of the 1st respondent (District Collector) to pass an order in an application filed under Section 14 of the SARFAESI Act within the statutory 60-day limit. The Court directed the Collector to decide the application on merits within four weeks and disposed of the writ petition.

What did the court decide?

Directed the 1st respondent to pass orders on the application under Section 14 of the SARFAESI Act by the 2nd respondent within four weeks from the receipt of this order.

R.Sundaresh Vs The District Collector / The District… — Banking and Recovery | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATE: 13.12.2021

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CORAM:

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THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

W.P.No.26475 of 2021

R.Sundaresh

... Petitioner

Vs.

1.The District Collector/The District Magistrate, Tiruppur, Tiruppur District.

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2.The Authorized Officer, Canara Bank, No.166, ARM Branch, Thiruvenkatasamy Road West, Coimbatore - 641 002.

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3.M.Jothimani

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4.M.Bharath ... Respondents

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Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the 1^st respondent to pass final order in L.Dis. No.7446/2019/C3 dated 06.05.2021 on the file of the 1st respondent filed by the 2^nd respondent under Section 14 of the SARFAESI Act and consequently direct the respondents to immediately hand over the physical possession of the petitioner property in S.F.No.249/1, Site No.5, Tottipalayam Village, Vadivel Nagar, Tiruppur Taluk, Tiruppur District measuring about 5940 sq.ft. of land.

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For Petitioner : Mr.G.Rajesh

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For Respondents : Mr.P.Muthukumar, Government Pleader (R1)

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

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O R D E R

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(Order of the Court was made by M.DURAISWAMY, J.)

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The petitioner has filed the above Writ Petition to issue a Writ of Mandamus to direct the 1^st respondent to pass a final order in the application dated 06.05.2021 filed under Section 14 of the SARFAESI Act.

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2.It is not in dispute that the 2^nd respondent has filed an application under Section 14 of the SARFAESI Act as early as on 06.05.2021 to direct the private respondents to immediately hand over the physical possession of the property in S.F.No.249/1, Site No.5, Tottipalayam Village, Vadivel Nagar, Tiruppur Taluk, Tiruppur District measuring about 5940 sq.ft. of land.

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3.It is brought to the notice of this Court that the 1^st respondent has not passed the order in the said application, though SARFAESI Act prescribes 60 days time for the disposal of the application.

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4.Mr.P.Muthu Kumar, learned Government Pleader taking notice for the 1^st respondent submitted that the 1^st respondent would pass orders in the application filed under Section 14 within a period of four weeks.

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5.Having regard to the submissions made by the learned counsel on either side, we direct the 1^st respondent to pass orders in the application filed under Section 14 of the SARFAESI Act by the 2^nd respondent, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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6.With these observations, the Writ Petition is disposed of. No costs.

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Sd/-

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Assistant Registrar(CS V)

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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/The District Magistrate, Tiruppur, Tiruppur District.

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2.The Authorized Officer, Canara Bank, No.166, ARM Branch, Thiruvenkatasamy Road West, Coimbatore - 641 002.

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+1cc to M/s.G.Rajesh, Advocate Sr.66317

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W.P.No.26475 of 2021

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rr[co] srg 14/12/2021

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

R.Sundaresh v. The District Collector / The District Magistrate

Case brief

What is this about?

What did the court decide?

R.Sundaresh v. The District Collector / The District Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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