Disposed

M/s.Shriram Housing Finance Ltd., v. The Thaisldar

Madras HC8 Mar 2021WP/5508/2021

Case brief

AI extract

What is this about?

The High Court ordered the petitioner, a secured creditor, seeking enforcement of a District Collector's possession order. The Tahsildar was directed to act on the order, and police protection was mandated to facilitate possession. The court hoped possession would be completed by April 2021.

What did the court decide?

Directed the Tahsildar to take immediate action on the Collector's order and liable the Superintendent of Police to provide protection upon request.

M/s.Shriram Housing Finance Ltd., Vs The Thaisldar — Madras HC (2021) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.03.2021

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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 SENTHILKUMAR RAMAMOORTHY

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W.P.No.5508 of 2021

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M/s.Shriram Housing Finance Ltd. 123 Angappa Naicken Street Chennai 600 001.

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Head office at Level 3, Wockhardt Towers, East Wing Bandra Kurla Complex, Mumbai 400 051.

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Having Branch Office at Meenakshi Towers No.13 Rajamannar Street Ground Floor T.Nagar Chennai 600 017 Rep. Through its Authorized Officer, A.Saravana Kumar ... petitioner Vs

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1 The Thaisldar Vandaloor Taluk Chengalpattu District.

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2 The Revenue Officer Guduvanchery.

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3 The District Magistrate and District Collector Kancheepuram District. ... respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st and 2nd Respondent to expeditiously dispose of the representation made by the petitioner dated 23/11/2020 as regards the execution order dated 22/11/2019 in Ref.No.Rc.M3/13598 /2018 passed by the 3rd Respondent.

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

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For Petitioner : Mr.V.Balasubramani

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For Respondents: Mr.K.S.Suresh

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Government Advocate

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ORDER

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(made by the Hon'ble Chief Justice)

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The petitioner is a secured creditor who has obtained an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, from the District Collector, Kanchipuram.

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Such order of November 22, 2019 directs the Superintendent of Police, Kanchipuram, to provide adequate protection to the Tahsildar Chengalpattu, for the purpose of the Tahsildar assisting in the possession of the property to be taken over by the financial institution.

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The petitioner has made a written representation to the relevant Tahsildar on November 23, 2020 and seeks a direction on such Tahsildar to carry out the order passed by the District Collector.

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Mr.K.S.Suresh, learned Government Advocate, appearing on behalf of the official respondents takes notice.

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W.P.No.5508 of 2021 is disposed of by directing the Tahsildar, Chengalpattu, to take immediate appropriate action on the basis of the order dated November 22, 2019, passed by the District Collector. The Tahsildar will be entitled to seek police protection from the relevant Superintendent of Police, who shall be obliged to render such assistance when sought. It is hoped that the process of handing over possession of the secured asset is completed by the end of April, 2021.

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There will be no order as to costs.

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Sub Asst. Registrar

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tar

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

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To:

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1 The Thaisldar

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Vandaloor Taluk Chengalpattu District.

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2 The Revenue Officer, Guduvanchery.

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3 The District Magistrate and District Collector, Kancheepuram

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+1 cc to Mr.V.balasubramani Advocate sr14669 +1 cc to Government pleader sr14895

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W.P.No.5508 of 2021
ln(co)
aa19/03/2021

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

M/s.Shriram Housing Finance Ltd., v. The Thaisldar

Case brief

What is this about?

What did the court decide?

M/s.Shriram Housing Finance Ltd., v. The Thaisldar

Case brief

What is this about?

What did the court decide?

What the court decided

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