(Order of the Court was made by S.MANIKUMAR, J) Material on record discloses that, Cosmos Co-operative Bank Ltd., represented by its Authorised Officer, has filed a petition, dated 10/3/2016, under Section 14 of the SARFAESI Act, 2002, before the District Collector-cum-Magistrate, Kancheepuram District, seeking assistance, for taking possession of the Schedule A and B properties, therein.
2. Responding to the above, the District Collector-cum-Magistrate, Kancheepuram District, vide proceeding, in R.C.No.8593/2016/M3, dated 2/6/2016, has sought for certain details, from the Tahsildar, Kancheepuram District. Bank has sent a letter, dated 22/6/2016, to the District Collector, Kancheepuram District, enclosing documents, in support of the claim. Thereafter, the District Collector-cum-Magistrate, Kancheepuram District, has sent another proceedings, in R.C.No.20377/2016/M3, dated 9/1/2017, to the Authorised Officer, Cosmos, Co-operative Bank Limited, Chennai, and followed by a further letter, dated 18/2/2017, was sent to the Sub-Collector, Kancheepuram District.
3. Responding to the above, the Sub-Collector, Kancheepuram, vide proceeding, in R.C.No.2935/16/A3, dated 14/3/2017, addressed a letter, to the Tahsildar, Kancheepuram, to conduct an enquiry and to submit a detailed report.
4. Inviting the attention of this Court, to the provisio to
Section 14 of the SARFAESI Act, 2002 that an application filed before the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, has to be disposed of, within a period provided therefor, and contending inter alia that there is no other alternative and efficacious remedy, except to approach this Court, under
Article 226 of the Constitution of India, Mr.Varun Srinivasan, learned counsel for the Bank has prayed to issue a mandamus, as prayed for.
5. When an application was filed before the District Collector-cum-Magistrate, seeking assistance, has to be disposed of, as expeditiously as possible, considering the parameters set forth in
Section 14 of the SARFAESI Act, 2002.
6. Directions have also been issued by the Principal Secretary to Government, vide letter No.19498/Res.II/2014-1, dated 9/7/2014, that there should be speedy disposal of the application filed under
Section 14 of the SARFAESI Act. The said letter is extracted hereunder:-
I am to invite your kind attention to the reference cited (copy enclosed) wherein the GM, SLBC, Chennai, has requested to advise the District Collectors (District Magistrates) for speedy disposal of applications filed by banks to assist in taking possession of securities of the defaulters charged to the banks under
Section 14 of SARFAESI Act, 2002.
2. In this connection, I am to request you to take necessary action for speedy disposal of the applications filed by the banks in taking possession of securities of the defaulters charged to the banks under
Section 14 of SARFAESI Act, 2002, without affecting the image of the administration.
7. Material on record discloses that information sought for is stated to have been furnished by the Bank and despite requests, application filed under
Section 14 of the SARFAESI Act is pending for more than six months.
8. Having regard to the period provided under
Section 14 of the SARFAESI Act, and the directions of the Principal Secretary to Government, stated supra, mandamus is issued to the District Collector-cum-District Magistrate, to pass orders on the application, dated 10/3/2016, as expeditiously as possible, by not later than two months, from the date of receipt of a copy of this order.
S.MANIKUMAR,J & V.BHAVANI SUBBAROYAN,J mvs.
9. With the above observation and direction, this writ petition is disposed of accordingly. No costs.
(S.M.K., J.) (V.B.S., J.) 18th September 2017 mvs.
Note: Issue order copy on 19/9/2017 Index : Yes/No Internet : Yes/No To The District Collector-cum-Magistrate Kancheepuram Kancheepuram District.
W.P.No.24457 of 2017