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2018 (1) TMI 651 - HC - Indian LawsWrit of prohibition - discharge of duty by statutory authority - Section 14 of the SARFAESI Act - possession of property - Held that: - There is no quarrel that writ petitioner is entitled to enjoy the subject property and the heir apparent under the Will are the daughter-inlaw and Grandson of K.P.Ramakrishna Pillai viz., Mrs. Punithavathi and Ajith Kumar, respectively. 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 - As per Section 14 of the Act, duty is cast on the Chief Metropolitan Magistrate or the District Magistrate, as the case may be, to assist the secured creditor in taking possession of the secured asset. Under the scheme of Act, District Collector cum District Magistrate or the Chief Metropolitan Magistrate, as the case may be, is empowered to pass orders, after considering the parameters, set out in the said section. Statutory authority cannot be restrained from discharging his duties and functions by issuance of a writ of prohibition. In the case on hand, statute empowers the District Magistrate cum District Collector, to pass orders on the application filed under Section 14 of the SARFAESI Act, 2002. He cannot be said to have acted without jurisdiction. Action of the District Magistrate cum District Collector cannot be said to be in excess of jurisdiction. Adhering to the principles of natural justice, the District Magistrate Cum District Collector, has issued notice to the petitioner and others. There is no violation to fundamental right. Request of the petitioner to issue a writ of Prohibition does not satisfy the parameters - Prayer sought for, in the instant writ petition W.P.No.31563 of 2017 to prohibit a statutory authority from discharging his duties under Section 14 of the SARFAESI Act, cannot be granted. Petition dismissed.
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