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Madras High CourtWP/11254/2025disposed of

Purasawakam Sandhadha Sangha Nidhi v. The Government Of Tamilnadu

2025-04-02Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Purasawakam Sandhadha Sangha Nidhi, Affected depositors Welfare Association (PSSN-ADWA), Registration No. 251/2024 Under Tamil Nadu Societies Registration Act 1975 represented By Its Vice President N.V.Aravamudhan ... Petitioner Vs

1. The Government of Tamil Nadu, Represented By Additional Director General of Police, Economic Offence Wing, Ashok Nagar, Chennai 600 083.

2. The Principal Secretary, The Government of Tamil Nadu, Home Department, Fort St George, Chennai 600 009.

3. The Deputy Superintendent of Police, Economic Offence Wing, Ashok Nagar, Chennai.

(Ref Crime No.13/2024 dated 04.08.2024)

4. The Branch Manager, City Union Bank, Branch Code 000 112 IFS Code CIUB0000112, Old No. 42 New No.107,

Alagapa Road, Purasawakam, Chennai 600 084.

... 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 to 3 to consider the representation dated 10.12.2024 and further direct the fourth respondent not to alienate /sell/ auction the property situated at old Door no. 47 New Door No. 49 Vinaitheertha mudali street, Vellalar street, Chennai 600 084 till the disposal of the representation.

For Petitioner : Mr.C.Arun Kumars For R1 to R3 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed for direction directing the respondents 1 to 3 to consider the representation dated 10.12.2024 and further direct the fourth respondent not to alienate /sell/ auction the property situated at old Door No.47 New Door No.49 Vinaitheertha mudali street, Vellalar street, Chennai 600 084 till the disposal of the representation.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondents 1 to 3 and perused the materials available on record.

3. Without expressing any opinion on the merits of the writ petition,

the third respondent is directed to consider the representation dated 10.12.2024 and dispose of the same, on merits and in accordance with law. It is made clear that the direction sought for as against the fourth respondent not to alienate the property which was already mortgaged by the accused cannot be granted, since the fourth respondent is a secured creditor.

4. With the above direction, this Writ Petition is disposed of. No costs.

02.04.2025 : Yes/No Speaking/non-speaking order mn To

1. The Government of Tamil Nadu, Represented By Additional Director General of Police, Economic Offence Wing, Ashok Nagar, Chennai 600 083.

2. The Principal Secretary, The Government of Tamil Nadu, Home Department, Fort St George, Chennai 600 009.

3. The Deputy Superintendent of Police, Economic Offence Wing, Ashok Nagar, Chennai.

(Ref Crime No.13/2024 dated 04.08.2024)

4. The Branch Manager, City Union Bank, Branch Code 000 112 IFS Code CIUB0000112, Old No. 42 New No.107, Alagapa Road, Purasawakam, Chennai 600 084.

5. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 02.04.2025