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Madras High CourtWP/13743/2020closed

P.R.Kasilingam v. The District Revenue Officer

2020-10-07Honourable Mr Justice P. N. Prakash5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2020

CORAM

THE HON'BLE Mr. JUSTICE P.N. PRAKASH and WMP.No.17084 of 2020 1.P.R.Kasilingam 2.R.K.Maheswari 3.K.Sampathkumar Rep by his Power of Attorney Mr.P.R.Kasilingam 4.K.Sivasankar Rep by his Power of Attorney Mr.P.R.Kasilingam 5.K.Sakthiyabama 6.R.Sowrimala 7.S.Amarnath 8.K.Anand 9.R.Manjammal 10.R.Alagarsamy 11.A.Dhanalakshmi 12.A.Jeyalakshmi ...

Petitioners Vs.

1.The District Revenue Officer District Revenue Office Tiruppur District.

2.The District Revenue Officer Office of the District Revenue Officer Coimbatore.

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3.The Additional Superintendent of Police CBI/EOW/Chennai Crime No. R.c.No. 12/E/2011

4. M/s.Pazee Forex Trading India Pvt Limited Rep. By Managing Director Mr.Mohan Raj Sri Muthu Plaza, III Floor 320, Avinashi Road Tiruppur.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent herein to dispose of the representations of the petitioners herein, dated 03.06.2020 in respect of 1 to 8 petitioners herein; and 08.06.2020 in respect of 9 to 12 petitioners herein; made to the first respondent and pass orders in accordance with law within a period stipulated by this Court.

For Petitioners :

Mr.C.Sivanesan For Respondents :

Mrs.P.Kritika Kamal Govt. Advocate (Crl Side) for RR1 & 2 Mr.K.Srinivasan Special Public Prosecutor for CBI Cases for R3 2/5

O R D E R

This writ petition has been filed seeking a direction, to direct the the first respondent to dispose of the representations of the petitioners dated 03.06.2020 and 08.06.2020.

2.

It is the case of the petitioners that they have invested their money in M/s.Pazee Forex Trading India Pvt Limited, and had lost. It is their contention that the said financial establishment is facing a prosecution in C.C.No.9 of 2011 in the Special Court for TNPID Cases, Coimbatore. While so, the petitioners have given representations dated 03.06.2020 and 08.06.2020 to the first and second respondents herein, and thereafter, filed the present writ petition for mandamus. 3.

In the opinion of this Court, a direction as prayed for by the petitioners cannot be granted, since there is no statutory obligation for the respondents 1 and 2 to dispose of the representations given by the petitioners. The remedy open to the petitioners is to wait for the first and second respondents to realise all the assets of the defaulting 3/5

company, and thereafter, disburse the amounts so realised, equitably to the depositors.

4.

With the above observation, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed. 07.10.2020 ds Index : Yes / No Speaking Order / Non-speaking Order To:

1.The District Revenue Officer District Revenue Office, Tiruppur District.

2.The District Revenue Officer Office of the District Revenue Officer Coimbatore.

3.The Additional Superintendent of Police CBI/EOW/Chennai Crime No. R.C.No. 12/E/2011 4.The Public Prosecutor High Court of Madras, Chennai.

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P.N.PRAKASH, J.

ds W.P.No.13743 of 2020 07.10.2020 5/5