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Madras High CourtWP/49824/2006dismissed

Mani Alias Munusamy v. The State Of Tamilnadu

2018-04-23Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2018

CORAM

THE HON'BLE MR.JUSTICE M. DHANDAPANI W.P.No.49824 of 2006 and M.P.No. 2 of 2006 1.Mani @ Munusamy 2.M.Gunasekaran 3.Alagesan ..Petitioners Vs.

1. The State of Tamil Nadu Represented by its Secretary, Home Department, Fort St. George, Chennai-9.

2. The Special Judge, Constituted under Tamil Nadu Protection of Interests of Depositors (In Financial Establishment) Act,1997, City Civil Court Buildings, High Court, Chennai - 104.

3. The Sub-Inspector of Police, Economic Offences Wing - II, Erode.

..

Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration, declaring that the Tamil Nadu Protection of Interests of Depositors (In Financial Establishment) Act, 1997 as unconstitutional, void and ultra vires the Constitution of India, in so far as the petitioners were concerned and be pleased to pass such further orders.

For Petitioner : Mr.M.Vijayakumar For Respondents: Mr.R.Govindasamy Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking to issue a writ of declaration, declaring that the Tamil Nadu Protection of Interests of Depositors (In Financial Establishment) Act, 1997 (in short TNPID Act) as unconstitutional, void and ultra vires the Constitution of India, in so far as the petitioners were concerned and be pleased to pass such further orders. 2.

The very same challenge was made before this Court and this Court upheld the validity of the said Act in the case of S. Bhagavathi v. State of Tamil Nadu reported in 2007 (2) CTC 207. The said judgment was challenged before the Hon'ble Apex Court in the case of K.K.Baskaran v. State of Tamil Nadu, reported in 2011 (3) SCC 793 and the Hon'ble Apex Court confirmed the order passed by this Court.

3.

In view of the above, nothing survives for further adjudication in this writ petition. Accordingly, the writ petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To:

1. The State of Tamil Nadu Represented by its Secretary, Home Department, Fort St. George, Chennai-9.

2. The Special Judge, Constituted under Tamil Nadu Protection of Interests of Depositors (In Financial Establishment) Act,1997, City Civil Court Buildings, High Court, Chennai - 104.

3. The Sub-Inspector of Police, Economic Offences Wing - II, Erode.

W.P.No.49824 of 2006 nr 12/06/2018