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Madras High CourtWP/2255/2023disposed of

N.Mallikadevi v. The Secretary

2023-01-31Honourable Mr Justice G. Chandrasekharan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN N.Mallikadevi ... Petitioner Vs.

1. The Secretary, Represented by its Government, Home (Police XIX) Department, St.George Fort, Chennai.

2. The Director General of Police, (EOW), Economic Offence Wing, No.I, Dr.Radhakrishnan Salai, Mylapore, Chennai.

3. The Additional Director General of Police Economic Offence Wing, Police Training School, Ashok Nagar, Chennai.

4. The Superintendent of Police, Economic Offence Wing, Police Training School, Ashok Nagar, Chennai.

5. The Competent Authority, District Revenue Officer, Coimbatore.

6. The Deputy Superintendent of Police, Economic Offence Wing (EOW-II), Coimbatore.

... Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the 5th and 6th respondents to attach the properties belonging to the Sri Vari Finance, Sri Balaji Chits Funds and Sri Vari Chit Funds Pvt. Ltd., Financial Establishments in connection with C.C.No.4/2017 on the file of the Special Judge TNPID Court, Coimbatore by issuing fresh Government Order, in the light of the proceedings in D.No.1347/2022 dated 29.09.2022 by complying the Section 3 of TNPID Act, 1997 within a stipulated time. For Petitioner : Mr.M.Dinesh For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed to direct the 5th and 6th respondents to attach the properties belonging to the Sri Vari Finance, Sri Balaji Chits Funds and Sri Vari Chit Funds Pvt. Ltd., Financial Establishments in connection with C.C.No.4/2017 on the file of the Special Judge TNPID Court, Coimbatore by issuing fresh Government Order, in the light of the

proceedings in D.No.1347/2022 dated 29.09.2022 by complying the Section 3 of TNPID Act, 1997.

2. Learned counsel appearing for the petitioner submitted that the petitioner is one of the investors in Sri Vari Finance, Sri Balaji Chits Funds and Sri Vari Chit Funds Pvt. Ltd. He had invested about Rs.3 lakhs. In this regard, a case in C.C.No.4 of 2017, pending on the file of the Special Judge TNPID Court, Coimbatore. The respondent Police does not inspect the properties of the accused in Document Nos.1691, 5014, 7285, 3806, 4642, 7460 and 7461. There are some properties which are yet to be identified. In this regard the petitioner has already submitted the petition before the learned Special Judge. On the basis of the said petition, the learned Special Judge had also addressed the Director General of Police (EOW) for taking appropriate action. Since, no steps have been taken so far, the petitioner has filed this present writ petition.

3. In response, learned Government Advocate (Crl.Side) appearing for the respondent submitted that in respect of the properties covered under the aforesaid documents, proceedings have already been initiated for attachment. A letter has been sent to competent authority by the Deputy

Superintendent of Police, Economic Offence Wing, Coimbatore for joint inspection of those properties for the purpose of attachment.

4. In view of the submissions made by the learned Government Advocate (Crl.Side) that already letter has been sent, action has been initiated for joint inspection to verify the claim of the petitioner and to proceed with the attachment proceedings, this Court directs the respondents 5 & 6 to proceed further in the matter of attachment of the aforesaid properties in accordance with law, at the earliest, preferably within a period of one month from the date of receipt of a copy of this order.

5. With the above observations and direction, this Writ Petition is disposed of. No costs.

31.01.2023 ham

To

1. The Secretary, Home (Police XIX) Department, St.George Fort, Chennai.

2. The Director General of Police, (EOW), Economic Offence Wing, No.I, Dr.Radhakrishnan Salai, Mylapore, Chennai.

3. The Additional Director General of Police Economic Offence Wing, Police Training School, Ashok Nagar, Chennai.

4. The Superintendent of Police, Economic Offence Wing, Police Training School, Ashok Nagar, Chennai.

5. The Competent Authority, District Revenue Officer, Coimbatore.

6. The Deputy Superintendent of Police, Economic Offence Wing (EOW-II), Coimbatore.

7.The Public Prosecutor, High Court, Madras.

G.CHANDRASEKHARAN ,J.

ham 31.01.2023