A.Nallasamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2024 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN A.Nallasamy ... Petitioner Vs.

1. The Superintendent of Police, Economic Offences Wing, Ashok Nagar, Chennai - 600 003.

2. The Deputy Superintendent of Police, Economic Offences Wing II, Coimbatore - 641 018.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the second respondent to return back petitioner's three original sale deeds dated 08.01.2013 (Doc.Nos.151 to 153/2013 - SRO, Annur) and the three original rectification deeds dated 15.04.2016 (Doc.Nos.2664, 2666 and 2676/2016-SRO, Annur) by considering the petitioner's representation dated 05.08.2024. For Petitioner : Mr.N.Manoharan For Respondents : Mr.S.Sugendran Additional Public Prosecutor ***** 1/4

O R D E R

This petition has been filed seeking direction to the second respondent to return the revenue documents based on the petitioner's representation dated 05.08.2024.

Learned counsel for the petitioner submit that the petitioner purchased the subject properties. The inspector of Police, EOW II, Coimbatore, called the petitioner and the other one P.Velliangiri and they were asked to produce the above said original sale deeds and again the petitioner was called and asked to get rectification deeds after pointing out the error in the survey number. After rectification, the second respondent received all the original documents and kept with him. Even though the petitioner had approached the second respondent at multiple instances, there is no response from the respondent. Therefore the petitioner has filed the present writ petition seeking to return the documents.

When the matter has come up for hearing on 04.11.2024, the learned Additional Public Prosecutor was directed to file counter and produce Government Order to show that the subject property is under attachment as represented by him.

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Today, the learned Additional Public Prosecutor for the respondents has produced the copy of G.O.Ms.No.113 Home (Police XIX) Department, dated 16.02.2015, wherein it is clearly mentioned that the property covered under the document, which was sought to be returned, is under attachment. Under these circumstances the petitioner is not entitled to the relief sought for in the writ petition.

In view of the above, the writ petition shall stand dismissed. No costs. However, the petitioner is at liberty to workout his remedy in the manner known to law.

19.11.2024 Speaking Order/Non Speaking Order cgi To

1. The Superintendent of Police, Economic Offences Wing, Ashok Nagar, Chennai - 600 003.

2. The Deputy Superintendent of Police, Economic Offences Wing II, Coimbatore - 641 018.

3. The Public Prosecutor, Madras High Court.

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P.VELMURUGAN, J., cgi 19.11.2024 4/4