A.Elango v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4841 of 2025

1. A.Elango

2. Paramasivam

3. V.Balakrishnan

4. A.Rayar

5. A.Jayarani

6. R.Kandhasami

7. K.Subbamal

8. P.Jaganthan

9. S.Selvi 10.S.Prabagaran 11.N.Sankar 12.S.Sugawaneshwari 13.T.Moorthy ... Petitioners Vs.

1. The Secretary to Government, Home Department, Fort St. George, Chennai 600 009.

2.The Competent Authority/The District Revenue Officer, The District Collector Office, Salem - 636 001.

3.State Represented by Inspector of Police 1/5

Economic Offence Wing, - II, Salem District.

4. M/s.Babu Emu farms India Pvt Ltd., rep by Managing Director S. Thangadurai Door No./7 , 16D, Oorgoundar street, Kunjandiyur Gonur Post, Meetur Taluk Salem District 636 404 ... Respondents Prayer : The Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the second respondent to disburse the 27.8% amount of their deposit to each petitioners based upon their representations dated 06.01.2025. For Petitioners : Mr.V.T.Balaji For Respondents : Mr.P.Balathandayutham Spl Government Pleader for R2 Mr.A.Gopinath Government Advocate (Crl.Side) for R1 and R3 Mr.T.Harish Chowdhary for R4

O R D E R

This writ Petition has been filed seeking a direction to the second respondent to disburse 27.8% amount of their deposit to each of the petitioners based upon their representations dated 06.01.2025.

2. The petitioners are victims in Cr.No.542 of 2012 registered for 2/5

the offence punishable under Sections 420, 406, 471 and 120(b) of IPC and Section 5 of TNPID Act. After completion of investigation, the third respondent filed a final report and the same has been taken cognizance in C.C.No.23 of 2012 on the file of the Special Court for TNPID Act, Coimbatore. Pending investigation, the investigating agency seized money along with interest to the tune of Rs.1,10,23,392.12. There are 2182 depositors, out of which, 2176 depositors were disbursed the amount at 27.8% out of their total due. However, the petitioners were left out and they were not settled.

3. Therefore, the second respondent is directed to disburse the money to the petitioners at the rate of 27.8% of their total deposits after verifying their compliance, eligibility and on verification of original deposit receipts, within a period of four weeks from the date of receipt of a copy of this order, if not already disbursed.

4. With the above direction, this Writ Petition is disposed of. No costs. .

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12.03.2025 Vv To

1. The Secretary to Government, Home Department, Fort St. George, Chennai 600 009.

2.The Competent Authority/The District Revenue Officer, The District Collector Office, Salem - 636 001 3.The Inspector of Police Economic Offence Wing, - II, Salem District.

4. The Managing Director S. Thangadurai M/s.Babu Emu farms India Pvt Ltd., Door No./7 , 16D, Oorgoundar street, Kunjandiyur Gonur Post, Meetur Taluk, Salem District 636 404,

5. The Public Prosecutor, High Court, Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

Vv 4/5

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