R.K.Emu Faarms v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. R.K.Emu Faarm Rep by its Managing Directors, No.2/216, Pattakaranpalayam, Thudupadhi Way, Perundurai, Erode District.

2. R.Kannusamy

3. P.Mohanasundaram ... Petitioners -Vs1. The District Collector, O/o. The District Collector, First Floor, Collectorate, Erode District.

2. The District Revenue Officer, O/o. The District Revenue Office, Perunthurai Road, Erode District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent herein to release the entire amount kept in hold in favour of the respondent herein within the time frame to be stipulated by this Court.

For Petitioner : Mr.R.Shriram For Respondents : Mr.P.Balathandayutham Special Government Pleader

ORDER

This petition has been filed for direction directing the second respondent herein to release the entire amount kept in hold in favour of the respondent herein within the time frame to be stipulated by this Court. 2.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.

The petitioners are the accused in C.C.No.7 of 2014 on the file of the learned Special Judge, Special Court for TNPID Act cases, Coimbatore, for the offence punishable under Sections 420, 406, 120B r/w 420 of IPC. Though the petitioners convicted by the trial Court, this Court by an order dated 04.06.2024 in Crl.A.No1321 of 2022, allowed the appeal and acquitted the petitioners from all charges. In the meanwhile, some of the properties belonging to the petitioners were attached and sold out in the public auction and the sale proceeds were deposited with the second respondent to the tune of Rs.5,55,550/-. In pursuant to the acquittal of the

petitioners from all the charges, attachment was raised and therefore, the petitioners submitted representation seeking refund of the amount. 4.

Considering the above facts and circumstances, the second respondent is directed to return the money, which is lying in the second respondent towards sale consideration by auctioning the properties belonged to the petitioners, within a period of four weeks from the date of receipt of a copy of this Order.

5.

With the above directions, the Writ Petition stands allowed. There shall be no order as to costs.

10.02.2025 (1⁄2) Index : Yes/No : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The District Collector, O/o. The District Collector, First Floor, Collectorate, Erode District.

2. The District Revenue Officer, O/o. The District Revenue Office, Perunthurai Road, Erode District 10.02.2025 (1⁄2)