WP(MD)/23317/2021 of SATHIYAVAN A Vs THE DISTRICT MAGISTRATE / DISTRICT COLLECTOR on 29 December 2021

O R D E R

(Order of the Court was made by C.V.KARTHIKEYAN, J.)

The Writ Petition has been filed in the nature ofCertiorari with respect to an order of the first respondent /District Magistrate / the District Collector, Madurai District inR.O.C.No.C6/9187/2021 dated 23.04.2021 under Section 14 of theSARFAESI Act, appointing the Tahsildar, Madurai North / the secondrespondent to take physical possession of the subject property. Afurther consequential relief is sought that the notice of the secondrespondent / the Tahsildar, Madurai North Taluk fixing the date fortaking possession to be interfered with by this Court.

2. It is seen that the notice of the second respondent ispursuant to an order of a Co-ordinate Bench of this Court in W.P(MD).No.19065 of 2021 dated 25.10.2021 [Suresh Kumar Vs. TheDistrict Magistrate / The District Collector, Madurai District andtwo others]. The Co-ordinate Bench had directed that the secondrespondent Tahsildar therein who is also the second respondentherein must take immediate and appropriate steps in terms of anearlier order dated 23.04.2021 and help the respondent therein whois the secured creditor to obtain possession of the relevantimmovable property and make it over to the auction purchaser / thepetitioner in the aforesaid Writ Petition.It was also directed thatthe entire exercise should be completed within a fortnight afterreceipt of the copy of the said order.

3. It is contended by the learned counsel for the petitionerthat the writ petitioner herein was not made a party in theaforesaid Writ Petition in W.P(MD).No.19065 of 2021. It is alsocontended that the writ petitioner herein was not heard prior tosuch an order being passed. It is also contended that questioningsuch an order, and seeking intervention in the said order, thepetitioner had also filed a Writ Miscellaneous Petition and learnedcounsel therefore contends that till that Writ MiscellaneousPetition is taken up for consideration, some protection should begiven for the petitioner herein. That would be exceeding ourjurisdiction. When a Writ Miscellaneous Petition has already beenfiled, it is only appropriate that the particular Bench before whomthe said Miscellaneous Petition is placed for consideration appliestheir mind and passes necessary orders. There cannot be instancesof two separate Benches applying their mind on the very same issueand passing an order will only lead to inconsistency and that is anaspect which should not happen and which should be prevented fromhappening. The learned counsel is actually leading us to committhat particular error.

4. Let the Writ Miscellaneous Petition which had alreadybeen filed by the petitioner be examined by the Registry and if itis otherwise in order, placed on an early date before the Divisionhttps://hcservices.ecourts.gov.in/hcservices/

Bench which is allotted to hear the same and let the petitioneradvance necessary arguments before the said Division Bench. Aseparate writ petition in this regard may not lie. 5.Accordingly, this Writ Petition stands dismissed. Thereshall be no order as to costs. Consequently, connected WritMiscellaneous Petitions are closed.

Sd/-

Assistant Registrar (CO)

MR/LM

/ /2022

Sub Assistant Registrar(CS)

Note : In view of the present lock down owing to COVID-19 pandemic,a web copy of the order may be utilized for official purposes, but,ensuring that the copy of the order that is presented is thecorrect copy, shall be the responsibility of the advocate/litigantconcerned.

To

1. The District Magistrate/District Collector, Madurai District, Madurai.

2. The Tahsildar, Madurai North Taluk, Madurai.

+1 CC to M/s.SPL.GP ( SR-40537[F] dated 30/12/2021 )

29.12.2021

RK(05/01/2022) 3P/4C