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Madras High CourtWP/33487/2019disposed of

S.Balaguru S/O. Selvaraj v. The District Revenue Officer

2019-12-03Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.33487,33490,33494 to 33496 and 33499, 33502 and 33505 of 2019 1.S. Balaguru ... Petitioner in W.P.No.33487 of 2019 2.S.Shanthi ... Petitioner in W.P.No.33490 of 2019 3.T.Kanagapusham ... Petitioner in W.P.No.33494 of 2019 4.N. Subramniyan ... Petitioner in W.P.No.33495 of 2019 5.S.Indira ... Petitioner in W.P.No.33496 of 2019 6.A.M.Nandhakumar ... Petitioner in W.P.No.33499 of 2019 7.A. Mahalingam ... Petitioner in W.P.No.33502 of 2019

8. G. Dhandapani

...Petitioner in W.P.No.33505 of 2019

Vs.

1.The District Revenue Officer, Office of the District Revenue, Tiruppur.

2.The District Revenue Officer, Office of the District Revenue, Coimbatore.

3.The Additional Superintendent of Police, CBI/EOW/Chennai Crime No. R.C.No.12/E/2011

4. M/s Paazee Forex Trading India Pvt. Ltd., Rep. By Managing Director Mr.Mohan Raj Sri Muthu Plaza, 320, Avinasi Road, PN. Road, Tirupur - 641 602.

... Respondents in all writ petitions COMMON PRAYER : These Petitions have been filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus directing the 1st respondent to consider and pass order on the representation dated 21.05.2019 given to the 2nd respondent and which was forwarded by the 2nd respondent to the 1st respondent on 23.07.2019.

( For all the petitions) For Petitioner : Mr.S. Sairaman For Respondents 1-2 : Mr.C. Iyyapa Raj Government Advocate For Respondent 3 : Mr.K. Srinivasan Special Public Prosecutor.

COMMON ORDER These writ petitions have been filed to consider the representation dated 21.05.2019 made by the petitioners to the 2nd respondent, which was forwarded to the 1st respondent on 19.06.2019.

2.The case of the petitioners are they have deposited money in M/s. Paazee Forex Trading Private Limited. Thereafter, on 11.08.2011 they came to know that the owner of the said Chit fund was arrested and the chit fund was closed. Hence, the petitioners made representation to the 2nd respondent on 21.05.2019 and the 2nd respondent in turn sent all the papers to 1st respondent, but till date no action was taken. Hence, these petitioners approached this Court by way of filing these writ petitions.

3.The learned counsel for the petitioners submitted that, when the petitioners submitted the cheque given by the finance company in the bank, the bank officials informed that all the accounts in the name of said Chit Fund were blocked. Hence, they made a representation to the 2nd respondent, and the same was forwarded to the 1st respondent, but the said representation was not considered. Therefore, these petitioners sought for an direction to the 1st respondent to consider their representation.

4.The learned Additional Public Prosecutor would submit that they have laid the charge sheet in C.C.No.9 of 2011 on the file of Special Judge for TNPID Cases, Coimbatore (FAC) Under Sec.4 of Prize Chits and Money Circulation Scheme (Banning Act, 1978 Sec. 420 IPC and Sec.5 of TNPID Act, 1997) and arrested two persons namely Mohan Raj and Komalavalli, for the alleged fraud committed by them in the said chit fund.

5. It is also seen from records that similar request was made by some other petitioners before this Court in Crl.M.P.Nos.8514,4078, 2574 of 2017, 13430, 5860 & 6524 of 2016 in Crl.O.P.No.3715 of 2019, wherein this Court had issued a direction to the District Revenue Officer/ 2nd respondent herein to verify the fixed deposit receipts and proofs submitted by the victims and take immediate steps to disburse the amount to the victims as early as possible.

6.In the light of the above facts of the case, the first respondent herein, who is the competent authority to take action, is directed to verify, whether the petitioners have received the deposited money or not and dispose the case in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

With the above directions these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar smn To 1.The District Revenue Officer, Office of the District Revenue, Tiruppur.

2.The District Revenue Officer, Office of the District Revenue, Coimbatore.

3.The Additional Superintendent of Police, CBI/EOW/Chennai Crime No. R.C.No.12/E/2011 +1cc to Mr.S. Sairaman, Advocate SR.No.100678 W.P.Nos.33487,33490, 33494 to 33496 and 33499, 33502 and 33505 of 2019 PP(CO) GMY(21/01/2020)