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Madras High CourtWP/4983/2025disposed of

Mathesan v. State Of Tamilnadu

2025-02-13Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.5531 of 2025

1. Mathesan

2. M.Chellamuthu

3. P.Siddhamalai

4. Jeyaprakash

5. N.Raja

6. S.Nachimuthu

7. S.P.Murugesan ... Petitioners Vs

1. State of Tamilnadu, Represented By Principal Secretary, Home(Police XIX )Department, Fort St.George, Chennai-5.

2. The District Revenue Officer, Salem.

3. The Deputy Superintendent of Police, Economic Offences Wing-II, Salem District.

4. M/s.Mettur Cauvery Finance, No.9/52, Square Market, Mettur Dam-1, Salem District.

5. M/s.Annai Cauvery Finance,

No.9/52,Square Market, Mettur Dam-1, Salem District.

6. M/s.Sri Cauvery Finance, No.9/52,Square Market, Mettur Dam-1, Salem District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to sell the properties attached under G.O.Ms.No.713(Police XIX)Department dated 11.08.2010 as made absolute by order in O.A.No.6 of 2010 dated 18.04.2013 passed by the Special Court, TNPID cases, Coimbatore in public auction and to effect equitable distribution of the sale proceeds to the petitioners towards interest due at the contractual rate of 15 percentage P.A on the principal amount disbursed by the second respondent as directed by the Special Court, TNPID cases, Coimbatore in O.A.No.2 of 2021 dated 06.10.2022 within a time frame that may be fixed by this Hon'ble Court. For Petitioners : Mr.R.Tholgappian For R1 and R2 : Mr.P.Balathandayutham Special Government Pleader For R3 : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed for direction directing the respondents 1 and 2 to sell the properties attached under G.O.Ms.No.713(Police XIX)Department dated 11.08.2010 as made absolute by order in O.A.No.6 of 2010 dated 18.04.2013 passed by the Special Court, TNPID cases, Coimbatore in public auction and to effect equitable distribution of the sale proceeds to the

petitioners towards interest due at the contractual rate of 15 percentage P.A on the principal amount disbursed by the second respondent as directed by the Special Court, TNPID cases, Coimbatore in O.A.No.2 of 2021 dated 06.10.2022 within a time frame that may be fixed by this Hon'ble Court.

2. Heard the learned counsel for the petitioners, the learned Special Government Pleader for the respondents 1 and 2 and the learned Government Advocate (Crl.side) for the third respondent and perused the materials available on record.

3. Without expressing any opinion on the merits of the writ petition, the second respondent is directed to sell the properties attached under G.O.Ms.No.713(Police XIX)Department dated 11.08.2010 as made absolute by order in O.A.No.6 of 2010 dated 18.04.2013 passed by the Special Court, TNPID cases, Coimbatore in public auction and to effect equitable distribution of the sale proceeds to the petitioners towards interest due at the contractual rate of 15 percentage P.A on the principal amount disbursed by the second respondent as directed by the Special Court, TNPID cases, Coimbatore in O.A.No.2 of 2021 dated 06.10.2022, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition petition is disposed of. Consequently, connected Miscellaneous petition is closed. No costs. 13.02.2025 (1/4) Index : Yes/No : Yes/No Speaking/non-speaking order mn

To

1. The Special Court, TNPID cases, Coimbatore.

2. The Principal Secretary, Home(Police XIX )Department, Fort St.George, Chennai-5.

3. The District Revenue Officer, Salem.

4. The Deputy Superintendent of Police, Economic Offences Wing-II, Salem District.

5. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 13.02.2025