(Order of the Court was made by S.Manikumar,J) Auction purchaser, who has been issued with a sale certificate, dated 30/8/2014, has sought for a writ of mandamus, directing the District Collector/Magistrate, Tiruvallur, first respondent, to consider and pass orders on the representation, dated 21/8/2017, made by him and pass orders, under Section 14 of the SARFAESI Act, 2002,within a time frame.
2. Material on record discloses that Vijaya Bank, T.Nagar, Chennai/second respondent herein has filed a petition, under Section 14 of the SARFAESI Act, 2002, to the District Collector/Magistrate, Tiruvallur District, seeking for a direction, to the Inspector of Police, to render Police protection, to take possession of the property mentioned therein and handover the same to the writ petitioner.
3. Petitioner has sent a representation, dated 21/8/2017, to the District Collector, Tiruvallur and three others, to pass orders, on the petition, dated 19/1/2015, filed by the Bank.
4. Mr.R.Kamaraj, learned counsel for the petitioner made submissions on the above.
5. During the course of hearing, when the learned counsel for the petitioner was posed a question as to whether the sale deed has been registered, there is no positive answer.
6. Time and again, the Hon'ble Supreme Court has held that mere issuance of sale certificate would not confer a right on the auction purchaser.
7. Section 14 of the SARFAESI Act, reads as follows:-
Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset -
(1) Where the possession of any secured asset is required to be taken by the secured creditor or if any of the secured asset is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to him -
(a) take possession of such asset and documents relating thereto;
and
(b) forward such asset and documents to the secured creditor.
8. A bare reading of the above, does not confer any right, on the auction purchaser, to seek for Police assistance. For the foregoing reasons, this Court is not inclined to issue a writ of mandamus and accordingly, the instant writ petition is dismissed. No costs.
(S.M.K.,J) (V.B.S.,J) 6th September 2017 mvs.
Index: Yes/No Internet: yes/No To
1. The District Collector Tiruvallur District Tiruvallur.
2. The Branch Manager Vijaya Bank No.10 Ranganathan Street T.Nagar Chennai 600 017.
S. MANIKUMAR, J AND V.BHAVANI SUBBAROYAN,J mvs.
W.P.No.23952 of 2017 6/9/2017