M.Venkatesan v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.NO.4461 OF 2022 M.Venkatesan ... Petitioner Vs.

1. The Principal Secretary to Government, Home (Police XIX) Department, Chennai.

2. The Deputy Superintendent of Police, Economic Offence Wing-II, Anna Nagar, Chennai - 40.

3. The Sub-Registrar, Mylam- Sub Registration Office, Villupuram District.

4. M/s.Maxpro Marketters Pvt.Ltd., Repesented by Managing Director Office at No.322, 7th Cross Street, Mannivakkam, Chennai ... Respondents PRAYER: Writ Petition filed under Section 226 of Constitution of India, to issue a Writ of Mandamus to direct the first and second respondents to raise the attachment order first respondent dated 02.05.2014 of petitioner's properties Survey Nos.307/1, 311/1, 307/2, 307/3, 312/2B and its Plot Nos.63,64,65,66,67,68,69 located at Omandur Village, Thindivanam Taluk, Villupuram District and to issue no objection certificate to this petitioner.

For Petitioner :

Mr.K.Srinivasan For Respondents :

Mr.A.Gokulakrishnan for R1 & R2 Additional Public Prosecutor.

Mr.R.P.Murugan Raja for R3 Government Advocate for Registration

O R D E R

The Writ Petition has been filed to direct the first and second respondents to raise the attachment order of the first respondent dated 02.05.2014 of petitioner's properties situated in Survey No.307/1, 311/1, 307/2, 307/3, 312/2B and its Plot Nos.63, 64, 65, 66, 67, 68, 69 located at Omandur Village, Thindivanam Taluk, Villupuram District and to issue no objection certificate to the petitioner.

2.Learned counsel for the petitioner would submit that the petitioner is the owner of the properties in Survey No.307/1, 311/1, 307/2, 307/3, 312/2B and its Plot No.63, 64, 65, 66, 67, 68, 69 located at Omandur Village, Thindivanam Taluk, Villupuram District. He had purchased the same by vide absolute sale deed dated 19.12.2012, registered at the office of the Mylam-Sub Registratar. The property was purchased under the scheme promoted by M/s.Maxpro Marketters Pvt.Ltd., under the name and style of Maxpro Township Phase -I by the Petitioner and he intended to present the same as a gift deed to his wife Keerthika on 12.10.2021. When he tried to register the same, he was informed by the third respondent that the property has been attached, pursuant to the G.O.Ms.No.304 dated 02.05.2014 by the Principal Secretary to Government. He would further submit that the petitioner is not an accused. Thereby, the present petition has been filed to direct the second respondent to issue No Objection Certificate to the petitioner.

3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor would submit that the properties mentioned above have been attached in connection with Crime No.20 of 2012, registered by the second respondent/Deputy Superintendent of Police, Economic Offence Wing-II, Anna Nagar, Chennai. If the petitioner has any grievances, he has to approach the Special Court under TNPID Act, Chennai, where the Crime No.20 of 2012 is pending.

4. In view of the above, this Writ Petition stands disposed of with a direction to the Petitioner to approach the Special Court for TNPID Act, for appropriate relief. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar shk/sai

To

1. The Principal Secretary to Government, Home (Police XIX) Department, Chennai.

2. The Deputy Superintendent of Police, Economic Offence Wing-II, Anna Nagar, Chennai - 40.

3. The Sub-Registrar, Mylam- Sub Registration Office, Villupuram District.

4. The Public Prosecutor, High Court of Madras.

W.P.No.4461 of 2022 PMK(CO) RLP(18/03/2022)