S.Pachainayaki v. State Rep. By The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and M.P.No.1 of 2008 S.Pachainayaki
...Petitioner
-Vs1. State Rep. by The Secretary, (Home Dept), Fort St.George, Chennai 9.
2. The Competent Authority & Additional Commissioner for Land Administration, Chepauk, Chennai 5.
3. The Deputy Superintendent of Police, Economic Offences Wing II, Coimbatore.
4. Andavar Finance Company, Renny V.Ramachandran, 55, Municipal Office Street, Tiruppur, Coimbatore Dist.
5. The Dist. Collector, Coimbatore
6. The District Revenue Officer, Coimbatore.
...Respondents
1/5
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to direct the respondents 1 to 4 to disburse the principle amount with interest 12% p.a. from the date of default till disbursement of the amount in full to the petitioner. For Petitioner : Mr.S.Kalandasamy For Respondents :
(for R- 1 to 3, 5 & 6) : Mr.Abishek Murthy, Govt.Advocate (for R4) : Mr.R.Sree Rangan
O R D E R
The relief sought in the present writ petition is to direct the respondents 1 to 4 to disburse the principle amount with interest of 12% per annum, from the date of default till the disbursement of the amount in full to the writ petitioner.
2.The petitioner invested his amount in the 4th respondent Finance Company which committed default in repayment and more so, many such depositors suffered on account of non-payment of their deposited amount. The learned counsel for the petitioner brought to the notice of this Court that the Police complaints were registered against the Finance Company 2/5
and the competent authorities under the TANPID Act took cognizance of the matter and accordingly, the Special Court Constituted under the TANPID Court is dealing with the matter. The criminal case registered against the representatives of the Finance Company ended with an order of conviction on 19.10.2005 itself.
3.Regarding the repayment of the amount to the depositors, competent authorities has to take efforts by disposing of the property in the manner contemplated. In this regard, the petitioner is at liberty to approach the competent authority or the TANPID Court, as the case may be, for the purpose of redressed of their grievances.
4.With this liberty, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed. (sha) 19.04.2023 Index : Yes Speaking Order 3/5
To
1. State Rep. by The Secretary, (Home Dept), Fort St.George, Chennai 9.
2. The Competent Authority & Additional Commissioner for Land Administration, Chepauk, Chennai 5.
3. The Deputy Superintendent of Police, Economic Offences Wing II, Coimbatore.
4. Andavar Finance Company, Renny V.Ramachandran, 55, Municipal Office Street, Tiruppur, Coimbatore Dist.
5. The Dist. Collector, Coimbatore
6. The District Revenue Officer, Coimbatore.
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S.M.SUBRAMANIAM . J., (sha) 19.04.2023 5/5