M/S. TATA CAPITAL HOUSING FINANCE LIMITED Vs. THE DISTRICT MAGISTRATE CUM DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR AT KANCHEEPURAM, KANCHEEPURAM DISTRICT AND ORS.

JUDGEMENT

(1.) For taking possession, TATA Capital Housing Finance Limited, represented by its authorised officer, Chennai has filed an application dated 12.09.2016 under Section 14 of the SARFAESI Act, 2002 to the District Magistrate cum District Collector, Tiruvallur District. As the said application is pending since September 2016, petitioner has sought for a writ of mandamus, directing the District Magistrate cum District Collector, Tiruvallur District, the 1st respondent herein to pass orders within a time frame.

(2.) On this day, when the writ petition came up for admission, on instructions, Mr. M. Elumalai, learned Government Advocate submitted that orders are yet to be passed in the application filed under Section 14 of the SARFAESI Act, 2002 and he prayed for four weeks time.

(3.) Section 14 of the SARFAESI Act, 2002 mandates that on receipt of an affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the affidavit, pass suitable orders for the purpose of taking possession of the secured assets, within a period of 30 days from the date of application. Proviso to the said Section states that if no order is passed by the Chief Metropolitan Magistrate or District Magistrate, within the said period of thirty days, for the reasons beyond his control, he may after recording reasons, in writing, for the same, pass the order within such also period but not exceeding in aggregate 60 days.