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2016 Supreme(Mad) 3313

S.MANIKUMAR, N.AUTHINATHAN
P. S. Ganesan – Appellant
Versus
Authorized Officer, Canara Bank, SME Branch, Perundurai, Erode District – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.A.Prabhakaran

ORDER :

N.AUTHINATHAN, J.

The petitioners have come up with the present Writ Petitions for a Writ of Certiorari, to call for the records of the order passed by the second respondent herein, in Ref.No.27469/2015/D2, dated 18.08.2016 and to quash the same.

2. The first respondent Bank is a secured creditor. It initiated action against the fifth respondent / borrower under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “SARFAESI Act”) and approached the second respondent/District Collector, Erode, to take possession of the secured assets. The second respondent passed an order dated 18.08.2016 authorising the Tahsildars, Perundurai, Bhavani and Erode to take physical possession of the secured assets.

3. The petitioners claim tenancy rights in one of the secured assets, namely, property bearing Survey No.656/2, Kavindapadi Village, Erode District, measuring 1863sq.ft. Apprehending eviction from the property in question, the petitioners have approached this Court by way of these Writ Petitions for quashing the impugned order dated 18.08.2016.

4. It is not disputed that the first respondent is a secured creditor and the fifth res















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