High CourtsDivision Bench(2018) 01 MAD CK 0262

M/s.DCB Bank Ltd. vs The District Collector

Madras High Court · Decided on 4 January 2018

HON’BLE JUDGES
S.Manikumar, V.Bhavani Subbaroyan
RESULT
Disposed Off
CASE NUMBER
34307 of 2017

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Judgment

15 paragraphs · 291 words
1.

M/s.DCB Bank Ltd., Chennai, has filed instant writ petition, for a mandamus, directing the second respondent, to pass orders on the

application, filed under Section 14 of the SARFAESI Act, taken on record, in Spl.Reg.No.76/2015/M2, dated 16.10.2015, within a time frame.

2.

Mr.M.Elumalai, learned Government Advocate, appearing for the respondents, submitted that so far, no order has been passed.

3.

With the consent of learned counsel appearing for both parties, wirt petition is disposed, of at the admission stage itself.

4.

Material on record discloses that pursuant to the application, dated 16.10.2016, filed under Section 14 of the SARFAESI Act, 2002, the

District Collector-cum-District Magistrate, Thiruvallur, in his letter, Spl.Reg.No.76/2015/M2, dated 16.10.2015, has called for certain details,

from the Tahsildar, Ambattur. As no orders have passed, bank has sent a letter, to the District Collector-cum-District Magistrate, Thiruvallur

District, requesting for early orders. Left with no other alternative, Bank has filed the instant writ petition, for a mandamus, as stated supra.

5.

On instructions, Mr.M.Elumalai, learned Government Advocate, submitted that Tahildar, Ambattur, is yet to submit his report, to the District

Collector-cum-District Magistrate, Tiruvallur District, so as to enable the latter pass orders, on the application of the bank.

6.

Placing on record the above, we direct the Tahsildar, Ambattur, Tiruvallur District/second respondent herein, to submit his report, within two

weeks from the date of receipt of a copy of this order. District Collector-cum-District Magistrate, Tiruvallur District, is directed to pass orders,

within a further period of two weeks, thereafter. It is made clear that the exercise should be completed, within four weeks, from the date of receipt

of a copy of this order.

7.

Accordingly, the instant Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.