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Madras High CourtWP/5171/2025disposed of with direction

S.Murugan v. Union Of India

2026-03-11Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2026

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 5171 of 2025 and WMP.No.5749 of 2025 S.Murugan Petitioner(s) Vs

1. Union Of India Rep By Its Secretary, Ministry Of Home Affairs, New Delhi 2.Chief Vilgilance Officer Rep By Its Chief Secretary, Government Of Puducherry, Puducherry 3.Secretary To Co-operative Societies Chief Secretary, Government Of Puducherry, Puducherry 4.The Registrar Of Co-operative Societies Government Of Puducherry, V.V.P.Nagar, Thatanchavady, Puducherry-605 009 5.Managing Director Pondicherry Spinning Mills, Thirubhuvanai, Pondicherry 6.The Managing Director Pondicherry Co-operative Society Bank, Pondicherry 7.Anudha Anandane Poonamallee 8.V.R.Durga 9.A.Ashok Anand Respondent(s) PRAYER: Petition filed under Article 226 of Constitution of India, directing the second respondent being the Chief Vigilance officer to initiate the Preliminary enquiry in accordance with law, based on petitioner complaint dated 25.6.2024

For Petitioner(s):

Mr.V.Balamurugan For Respondent(s):

Mr.D.Baskar, CGC for R1 Mr.V.Vasanthakumar AGP(Pondy)for R2 to R5 Mr.R.Sreedhar, AGP for R6 Mr.M.Palanivel for R9

ORDER

This petition has been filed for a direction, directing the second respondent being the Chief Vigilance officer to initiate the Preliminary enquiry in accordance with law, based on petitioner complaint dated 25.6.2024

3. It is the case of the petitioner that the petitioner is the president of SPINCO Labour Union (SLU), which is a recognised and registered Trade Union of the fifth respondent. The fifth respondent Mills started functioning and commenced commercial production with effect from 19.03.1984 under the supervision of the respondents 4 and 5 and it is administered by the Government of Puducherry. Due to poor administration and policy decision, mill accumulated loss and in the year 2014, the Administrator of the Mill has accorded consent to mortgage properties of the mill and mortgage deed was executed in the year 2014. Thereafter, the sixth respondent has issued a statutory notice under SARFAESI Act for taking possession of the property, ultimately, the bank executed sale deed in their favour on 27.11.2019 since none participated in the e-auction. It is the grievance of the petitioner that the respondent collusively conspired together and violated the mandatory

provisions under SARFAESI Act, the respondent ought to have conducted reauction, inspite they have registered their name in the sale deed without authority of law by fixing low value for the lands for the reasons best known to the authorities. Hence, the petitioner petitioner has made a complaint on 25.06.2024 to the second respondent, however, the same was not considered till date. Hence, this writ petition.

4. Heard both sides and perused the materials placed on record.

5. Considering the facts and circumstances, this Court without going into the merits of the case directs the second respondent to consider the complaint of the petitioner dated 25.06.2024 and pass appropriate orders on merits and in accordance with after providing opportunities to the aggrieved parties, if any within a period of six weeks from the date of receipt of a copy of this Order.

6. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed. 11-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The Secretary Union Of India Ministry Of Home Affairs, New Delhi 2.Chief Vilgilance Officer Rep By Its Chief Secretary, Government Of Puducherry, Puducherry 3.Secretary To Co-operative Societies Chief Secretary, Government Of Puducherry, Puducherry 4.The Registrar Of Co-operative Societies Government Of Puducherry, V.V.P.Nagar, Thatanchavady, Puducherry-605 009 5.Managing Director Pondicherry Spinning Mills, Thirubhuvanai, Pondicherry 6.The Managing Director Pondicherry Co-operative Society Bank, Pondicherry

M.DHANDAPANI J.

dhk 11-03-2026