Chandrika Shivakumar Pillai v. The Additional Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.21362 of 2023 Chandrika Shivkumar Pillai W/o.Shivkumar Pillai

...Petitioner

Vs 1.The Additional Superintendent of Police, Economic Offences Wing, (Aarudhra Gold Trading Private Limited Enquiry Officer) Ashok Nagar, Chennai - 600 085.

2.Rajasekhar S/o.Veeraraghavan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first respondent to consider the representation dated 31.05.2023 of the petitioner and to consequently remove the lock and seal of the premises bearing Flat No.9, First Floor, Block No.44, Shanthinikethan Colony, Anna Nagar West Extension, Chennai - 600 001 within a time limit that may be specified by this Court.

For Petitioner : Mr.B.K.Girish Neelakantan 1/4

For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****

O R D E R

This Writ Petition has been filed for a direction to the first respondent to act upon the representation made by the petitioner on 31.05.2023 and remove the lock and seal that has been put up in the subject property.

2. Heard Mr.B.K.Girish Neelakantan, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for first respondent.

3. The petitioner is the owner of the property and he had leased out the property in favour of the second respondent. The second respondent seems to have committed offence by cheating various depositors. In the course of investigation, the subject property was locked and sealed. The petitioner made a representation dated 31.05.2023 requesting for removing the lock and seal. Since the same was not acted upon, the present writ petition has been filed before this Court.

4. Learned Additional Public Prosecutor, on instructions, submitted 2/4

that investigation is almost completed and the materials that were lying inside the property have also been seized.

5. In view of the above submission, there shall be a direction to the first respondent to act upon the representation made by the petitioner on 31.05.2023 and remove the lock and seal that has been put up in the subject property. This process shall be completed by the first respondent within a period of two (2) weeks from the date of receipt of a copy of this order. This Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 26.07.2023 Index : Yes/No Speaking order:Yes/No gm N.ANAND VENKATESH, J 3/4

gm To 1.The Additional Superintendent of Police, Economic Offences Wing, (Aarudhra Gold Trading Private Limited Enquiry Officer) Ashok Nagar, Chennai - 600 085.

2.The Public Prosecutor, High Court, Madras.

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