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Madras High CourtWP/2011/2021dismissed

M/S.Aphro Trust, v. The Chief Secretary

2023-03-24Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24..03..2023 Coram THE HON'BLE MR.JUSTICE SUNDER MOHAN Writ Petition No.2011 of 2021 and W.M.P.Nos.2272, 2273 & 2275 of 2021 M/s.Aphro Trust, Rep. by its Founder, Mr.I.P.Yesudoss, No.27/49, 5th Main Road, 3rd Layout Teachers Colony, Kolathur, Chennai 600099.

..... Petitioner -Versus1.The Chief Secretary, Tamil Nadu Home Department, Shankar Road, Fort St. George, Chennai, Tamil Nadu 600099.

2.The Additional Director General of Police, Economic Offences Wing-II, Chennai 600 032.

3.The Superintendent of Police, Economic Offences Wing-II, Chennai 600 032.

4.AXIX Bank, Anna Nagar Branch, Anna Nagar, Chennai 600102.

.... Respondents

Petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorari calling for the records relating to the impugned G.O.Ms.No.380 of 2019, Home (Police XIX) Department, dated 25.07.2019 on the file of the 1st respondent and to quash the same. For Petitioner : Mr.I.P.Yesudoss Party - in - Person For Respondents : Mr.A.Damodaran, Addl. Public Prosecutor for R1 to 3

ORDER

In this writ petition, the petitioner challenges the Government Order in G.O.Ms.No.380, Home (Police XIX) Department, dated 25.07.2019 issued by the 1st respondent by which the properties of the petitioner have been attached by the Government by virtue of the power conferred under the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997.

2. Though the petitioner now concedes that the Government has authority to do so, according to him, the attachment was not made in accordance with the procedures contemplated under law. The points raised by the petitioner can be raised as objection for attachment before the TANPID Court. The petitioner has not made out any ground for

quashing the Government Order and the writ petition is liable only to be dismissed. Accordingly, this Writ Petition is dismissed. Consequently, connected miscellaneous petitions are closed. 24..03..2023 Index : yes / no : yes / no kmk To 1.The Chief Secretary, Tamil Nadu Home Department, Shankar Road, Fort St. George, Chennai, Tamil Nadu 600099.

2.The Additional Director General of Police, Economic Offences Wing-II, Chennai 600 032.

3.The Superintendent of Police, Economic Offences Wing-II, Chennai 600 032.

SUNDER MOHAN.J kmk 24..03..2023 2/2