M/S.Vijayalakshmi Chit Funds v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2022

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P. NO. 42309 OF 2016 1.

M/s.Vijayalakshmi Chit Funds, rep. by Mr. Anandakumar 2.

Mr.D.Anandakumar, S/o. Duraisamy Chettiar ... Petitioners

Versus

1. The State of Tamil Nadu, rep. by Principal Secretary to Government, Home (Police XIX) Department, Secretariat, Chennai.

2. The Additional Director General of Police, Economic Offences Wing, Chennai.

3. The Competent Authority and District Revenue Officer, Coimbatore.

4. Smt. Saroja, W/o. Janardanan

5. Divya Priya, W/o. Anand

6. J.Arvind, S/o. Janardanan

7. A.V.Chandra, W/o. Late Nagarajan

8. J. Anand Kapil Jothi,@ Jothi S/o. Janardanam ... Respondents (Respondents 4 to 8 are impleaded as per order dated 13.06.2018, made in WMP.4518/2017 in WP.42309/2018) PRAYER :

Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records of the G.O. Ms. No.672, Home (Police XIX) Department, dated 22.09.2016 issued by the 1st respondent herein, quash the same.

For Petitioner : Mr.R.Murali For Respondents: Mr.P.Baladhandayutham, Special Govt. Pleader for R1 to R3 Mr.R.Baskar for R4 to R8

O R D E R

Against the order passed under Sec.3 of Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, for raising temporary attachment order, the present Writ Petition has been filed.

2. Today, when the matter taken up for hearing, it is stated that, now, the authorities have already approached the Special Court seeking to make the provisional attachment order absolute. If the petitioners have any objection over the provisional attachment order, it is always open to the petitioners to raise their objections before the Special Court. Without approaching the Special Court, the petitioners cannot challenge the provisional attachment order. The learned counsel appearing for respondents 4 to 8 would submit that, now the application filed by the competent authority under Sec.5 of Limitation Act is pending before the Special Court under TNPID Act, Coimbatore.

3. In the above circumstances, the petitioners are permitted to raise all their objections before the Special Court and if any objections filed, the Special Court is directed to consider the same and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt

of copy of this order. Accordingly, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rpp To

1. The Principal Secretary to Government, State of Tamil Nadu, Home (Police XIX) Department, Secretariat, Chennai.

2. The Additional Director General of Police, Economic Offences Wing, Chennai.

3. The Competent Authority and District Revenue Officer, Coimbatore.

+1cc to Mr.R.Murali, Advocate, S.R.No.17487 +1cc to the Government Pleader, S.R.No.17822 W.P.No. 42309 of 2016 SKM(CO) PM/17/05/2022