C.S.Shiyam Sunder v. The Authorised Office

ORDER (Order of the Court was made by the Hon'ble Chief Justice) This writ petition under Article 226 of the Constitution of India seeks a direction to the respondent bank to take action under Section 14 of the SARFAESI Act and hand over possession of the secured assets to the petitioner or in the alternate return a sum of Rs.2,76,00,000/- and other expenses, in all a sum of Rs.3,06,36,000/- with interest at the rate of 12% p.a. from 12.12.2018 till the date of repayment.

¶2Learned counsel for the petitioner submitted that the bank has filed application under Section 14 of the SARFAESI Act on

10.7.2017, however, the same has not yet been decided by the District Collector/Magistrate, Kancheepuram.

¶3Taking into consideration that the application under Section 14 of the SARFAESI Act is pending since 2017, the bank shall take steps either to proceed with the said application or to take fresh initiatives to complete the process and hand over possession to the auction-purchaser, as expeditiously as possible. The District Collector/Magistrate, Kancheepuram is also directed to decide the application within a period of four weeks from the date of receipt of a copy of this order, if not already decided, bearing in mind the directions issued by this court in Vijayanand Srinivasan v. Punjab National Bank1. With the above observation and direction, the writ petition is disposed of. There shall be no order as to costs. (SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J)

03.07.2026 Index : : bbr 12026 SCC OnLine Mad 4914 To: The Authorised Officer Canara Bank, Arm Branch, No.166, 1st Floor, Regional Office, Tv Swamy Road, R.S.Puram, Coimbatore-641 002 Copy to: The District Collector/Magistrate, Kancheepuram. W.P.No.22678,of,2024 THE,HON'BLE,CHIEF,JUSTICE ,,,,AND ,G.ARUL,MURUGAN,,J., bbr W.P.No.22678,of,2024 ,,,,,

03.07.2026 Page,5,of,5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.07.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN C.S.Shiyam Sunder S/o.M.S.Chandra Sekar, "GEETHANJALI" Apartments, A-block A 404, 4th Floor, Block-138-148, 7th Avenue, Anna Nagar West, Chennai-600040 Petitioner Vs The Authorised Officer Canara Bank, Arm Branch, No.166, 1st Floor, Regional Office, Tv Swamy Road, R.S.Puram, Coimbatore-641 002 RespondenT PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent bank to take action under sec.14 of SARFAESI Act and hand over possession of the Secured Assets in the property being all the piece and parcel of land in bearing Plot No.A-5, (Northern side), R.S.No.229/4 and 228/1 at Old No.141, New No.111, Kottivakkam Village, Saidapet Taluk, Chengalpattu, MGR District standing in the name of Sri Prabhu Srikanth (Document No.2455/2011) measuring about 3605 sq.ft and bearing Plot No.A-5 (Southern side), R.S.No.229/4 and 228/1 at Old No.141, New No.111 Kottivakkam village, Saidapet Taluk, Chengalpattu, MGR District standing in the name of Sri Prabhu Srikanth (Document No.2455/2011) measuring about 3605 sq.ft or in the alternate return a sum of Rs.2,76,00,000/- and expenses such registration charges, stamp duty and other expenses amounting to Rs.30,36,000/-in all a sum of Rs.3,06,36,000/- with interest at the rate of 12% p.a. from 12.12.2018 till date of repayment. For Petitioner: Mr.G.Senthilkumar For Respondent: No Appearance