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Madras High CourtWP/31493/2023disposed of

P.Mani v. State Of Tamil Nadu

2025-02-19Honourable Mr Justice G.K. Ilanthiraiyan9 pages

W.P. No. 31493 of 2023 G.K.ILANTHIRAIYAN, J.

At the instance of the learned counsel appearing for the petitioners, today this matter has been posted under the caption "for being mentioned".

2. Heard the learned counsel appearing on either side.

3. On hearing the submissions of the learned counsel appearing for the petitioners, it is ordered that the third paragraph of the order passed in W.P. No. 31493 of 2023 dated 19.02.2025 shall read as follows: - "3. Without expressing any opinion on merits of the writ petition, the second respondent is directed to sell the properties attached under G.O.Ms.No.713(Police XIX) Department dated 11.08.2010 has made absolute by order dated 18.04.2013 in O.A. No. 6 of 2010 passed by the Special Court, TNPID cases, Coimbatore in public auction and to effect equitable distribution of the sale proceeds to the petitioners towards principal and interest due, within a period of twelve weeks from the date of receipt of a copy of this order. It is also made clear that a sum of Rs.3,09,35,925/- recovered from the accused and lying with the second respondent, it can also be disbursed to the

depositors.

4. Accordingly, the registry is directed to issue a fresh order copy in W.P. No.31493 of 2023 after making necessary corrections. 09.04.2025 AT

G.K.ILANTHIRAIYAN, J.

AT W.P. No. 31493 of 2023 09.04.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2025

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.31493 of 2023 and W.M.P. Nos.31124 & 31125 of 2023 1.P.Mani 2.M.Rasappan 3.S.Kuttiannan 4.R.Chellappan 5.S.Perumal 6.N.Kalaivanan 7.K.Somasundaram 8.S.Selvi 9.Chinnannan 10.Ramasamy 11.P.Chinnasamy 12.K.Ganesan 13.S.Kumar @ S.Veerakumar 14.P.Subramani 15.M.Sudhakaran 16.M.Saroja 17.A.Kathiresan 18.A.Muthulakshmi 19.R.Rajeshkuma 20.Kavitha 21.A.Mani 22.N.Senniappan 23.R.Nachiappan @ Nachimuthu 24.S.Divitha 25.S.Gopal 26.N.Nachimuthu 27.P.Nachimuthu 28.M.Athiappan 29.A.Ranjitham 30.S.Mani 31.M.Perumal

32.R.Rajammal 33.G.Pushpam 34.A.Gopal 35.G.Sudhakar 36.M.Nachimuthu 37.G.Venkatachalam 38.V.Thangamani 39.S.Gopal 40.K.Palanisami 41.K.Manivel 42.R.Shanmugam 43.A.Mahesh 44.Muthammal ....Petitioners Vs 1.State of Tamil Nadu, Rep. By Principal Secretary, Home (Police XIX) Department, Fort St.George, Chennai -5.

2.District Revenue Officer, Salem.

3.Deputy Superintendent of Police, Economic Offences Wing-II, Salem District.

4.M/s.Mettur Cauvery Finance, No.9/52,Square Market, Mettur Dam-1, Salem District.

5. M/s.Annai Cauvery Finance, No.9/52, Square Market, Mettur Dam-1, Salem District.

6. M/s.Sri Cauvery Finance, No.9/52, Square Market, Mettur Dam -1, Salem District.

....Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of

India, for issuance of Writ of Mandamus to direct the respondents 1 and 2 to sell the properties attached under G.O.Ms.No.713 (Police XIX) Department dated 11.08.2010 as made absolute by order in O.A. No.6 of 2010 dated 18.04.2013 passed by the Special Court, TNPID Cases, Coimbatore in public auction and to effect equitable distribution of the sale proceeds to the petitioners towards principal and interest due within a time frame that may be fixed by this Court.

For Petitioners : Mr.R.Tholgappian For Respondents : Mr.A.Gopinath, Government Advocate (Criminal Side) for R1 to R3.

ORDER

This Writ Petition has been filed for a direction, directing the respondents 1 and 2 to sell the properties attached under G.O.Ms.No.713 (Police XIX) Department dated 11.08.2010 as made absolute by order in O.A. No.6 of 2010 dated 18.04.2013 passed by the Special Court, TNPID Cases, Coimbatore in public auction and to effect equitable distribution of the sale proceeds to the petitioners towards principal and interest due within a time frame that may be fixed by this Court

2. Heard the learned counsel appearing 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 merits of the writ petition, the respondents 1 & 2 are directed to conduct enquiry on the representation made by the petitioners in the light of the O.A. No.6 of 2010 dated 18.04.2013 passed by the Special Court, TNPID Cases, Coimbatore, after issuance of notice to the petitioners and respondents 4 to 6 and pass appropriate orders within a period of twelve (12) weeks from the date of receipt of the copy of this order.

4. It is also made clear that if any amount recovered from the accused/respondents 4 to 6 by way of selling of the property, the authority, viz., the second respondent/Deputy Revenue Officer, Salem is directed to disburse the said amount to the victims proportionately in accordance with law.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are also closed. 19.02.2025 rkp Index:Yes/No Internet:Yes/No To

1.The Principal Secretary, Home (Police XIX) Department, Fort St.George, Chennai -5.

2.The District Revenue Officer, Salem.

3.The Deputy Superintendent of Police, Economic Offences Wing-II, Salem District.

4.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

rkp WP.No.31493 of 2023 and W.M.P. Nos.31124 & 31125 of 2023 19.02.2025