1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.(MD).No.8053 of 2011 G.Subasri : Petitioner Vs. 1.The Chief Judicial Magistrate, Dindigul. 2.The Authorized Officer, Indo Pacific Housing Finance Limited., Formerly known as AIG Home Finance (I) Ltd., and originally known as Weizmann Homes Limited., II Floor, City Towers, No.117, Sir Thyagaraya Road, T.Nagar, Chennai 600 017. 3.Shanthi 4.R.Sakthi Devi : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to file appropriate application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, before the first respondent seeking assistance to take physical possession of the secured immovable property relating to Door No.162, Old Survey No.762/3 (Old patta No.134) out of a total extent of 9 acres 05 cents on western side out of an extent of 2 acres and 45 cents in which on the northern side 85 cents corresponding to the newly sub divided Survey No.762/5A, New Patta No.375 out of an extent of 2 acres 32 cents in which on the eastern side of 85 cents with RCC upstairs building along with 20 coconut trees and pathway rights situated at Silvarpatti Village, Dindigul Taluk and District. For Petitioner : Mr.A.Saravanan For Respondent 2 : Mr.Palaramasamy O R D E R [Order of the Court was made BY P.JYOTHIMANI, J] The Writ Petitioner is stated to be the purchaser of the property in question from the secured creditor on 03.04.2006. However, the possession could not be taken, and therefore, she has filed the present Writ Petition for a direction against the second respondent, who has brought the property for sale, to take appropriate action in filing application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, [for short "the Act"], to take physical possession said to have been purchased by her. It is stated by the learned counsel for the petitioner that necessary sale certificate from the second respondent has also been issued to the petitioner, thereby confirming her as an owner of the property by way of purchase. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Under Section 14(1) of the Act, which is as follows:-, "14(1) 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." the petitioner, being the purchaser from the secured creditor, gets all the rights of the secured creditor, and therefore, it is for the petitioner to work out her remedy by filling appropriate application before the Chief Judicial Magistrate as per the provisions of the Act. With the above direction, the Writ Petition stands disposed of. No costs. SD/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar(C.S) To The Chief Judicial Magistrate, Dindigul. +1. CC to Mr.Pala Ramasamy ,Advocate, SR.No. 23732 NB ORDER MADE IN W.P.(MD).No.8053 of 2011 20.07.2011 TR : 28.07.2011: 2p/3c https://hcservices.ecourts.gov.in/hcservices/