M/S.L&T Finance Limited, v. The Chief Electoral Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P. Nos.12604 and 12605 of 2016 and W.M.P.Nos.10874 to 10881 of 2016 M/s.L&T Finance Limited, Rep. By Ms.S.Uma, Senior Executive, KGN Towers, 5th floor, No.62, Ethiraj Salai (Commander -in-chief Road), Egmore, chennai-105.
.. Petitioner in WP.12604/16 -vs1.The Chief Electoral Officer, Chief Electoral Officer & Principal Secretary to Government, Public (Elections) Department, Secretariat, Fort St. George, Chennai.
2.The District Collector, Thiruvarur District, Thiruvarur.
3.The Project Director, District Rural Development Agency, Thiruvarur.
.. Respondents 1 to 3 in both WPs.
4.The Special Deputy Tahsildhar (Flying Squad), Special Scheme Implementation, Thiruvarur Taluk, Thiruvarur.
.. 4th respondent in WP.12604/2016 4.BDO (V Pt) (Flying Squad) (Deputy Thasildhar, Superintendent of Revenue Court), Mannargudi.
5.The District Revenue Officer, Thiruvarur.
.. Respondents 4 & 5 in WP.12605/2016
Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records pertaining to the seizure proceedings by 4th respondent dated 28.03.2016 and issuance of Annexure 57 and quash the same and consequently direct the respondents to release the cash of Rs.59,92,212/- and Rs.43,05,000/- to the petitioner which was seized from the petitioner as per Annexure 57 together with interest and appropriate compensation and further forbear the respondents or their men from interfering in the activities of the petitioner in its normal course of business and seizing the amount lying in the branch offices of the petitioner in the guise of seizure proceedings. For Petitioner :
Mr.T.V.Ramanujam, Senior Counsel For M/s.T.Dhanyakumar For Respondents :
Mr.Niranjan Rajagopalan for R-1 :
Mr.S.T.S.Murthi, Govt.Pleader, assisted by Mr.V.R.Kamalanathan, Addl.G.P.
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) We are not inclined to interfere with the subject matter at this stage when an appeal provision is clearly provided for necessary relief as is apparent from page 1 of the typed set. We are informed that the appeals have already been filed on 29.03.2016.
2.Learned counsel appearing for the Election Commission assured us that within three (3) days from today, orders will be passed. We will take the said statement on record. 3.If even after the appeals are decided the grievance of the petitioner subsists, it will be open to the petitioner to take recourse to remedies in accordance with law.
4.Writ Petitions are, accordingly, closed. No costs. Consequently, W.M.P.Nos.10874 to 10881 of 2016 also stand closed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
To 1.The Chief Electoral Officer, Chief Electoral Officer & Principal Secretary to Government, Public (Elections) Department, Secretariat, Fort St. George, Chennai.
2.The District Collector, Thiruvarur District, Thiruvarur.
3.The Project Director, District Rural Development Agency, Thiruvarur.
4.The Special Deputy Tahsildhar (Flying Squad), Special Scheme Implementation, Thiruvarur Taluk, Thiruvarur.
5.BDO (V Pt) (Flying Squad) (Deputy Thasildhar, Superintendent of Revenue Court), Mannargudi.
6.The District Revenue Officer, Thiruvarur.
1cc to the Government Pleader Sr.21117 + 2 ccs to M/s.T.Dhanyakumar, Advocate Sr 21203, 21204 (5/4/16) + 2 ccs to Mr.Niranjan Rajagopalan, Advocate Sr 21999, 22000 (6/4/16) W.P.Nos.12604 & 12605 of 2016 mg(CO) srg(04/04/2016)