A.S.Senthil Kumar v. The State Rep By
W.M.P.No.34607 of 2022 in W.P.No.9837 of 2022 & W.M.P.No.34608 of 2022 in W.P.No.9840 of 2022 G. CHANDRASEKHARAN, J.
W.M.P.No.34607 of 2022 is filed to direct the 1st respondent to comply the direction issued in the said order dated 11.07.2022 in W.P.No.9837 of 2022 without any delay and extend the time granted to comply the direction issued in order dated 11.07.2022 in W.P.No.9837 of 2022. 2.W.M.P.No.34608 of 2022 is filed to direct the 1st respondent to comply the direction issued in the said order dated 11.07.2022 in W.P.No.9840 of 2022 without any delay and extend the time granted to comply the direction issued in order dated 11.07.2022 in W.P.No.9840 of 2022. 3.The learned counsel for the petitioners submitted that petitioners had earlier filed W.P.No.9837 of 2022 and W.P.No.9840 of 2022 seeking a Writ of Mandamus to direct the first respondent to consider the representation dated 08.04.2022 to compound the offence under Section 5 (A) of TNPID Act. This Court considering various aspects, including the object of the Act is to realise the amount and recover the amount to pay the depositors, issued direction that 1/4
the competent authority need not wait for the final attachment to be passed by the trial Court for the sale of the property. There is also direction given to the petitioners therein to identify prospective purchasers and that can be brought to the notice of the competent authority. The competent authority was directed to go for public auction and the amount shall be deposited before the trial Court. To complete this exercise, a period of six months was given. There was a further direction that if no progress is made out within the stipulated period of six months and no prospective purchasers are identified, trial Court was directed to proceed and pass an order of final attachment as per law. 4.
Today when the matter is taken up, the learned counsel for the petitioners submitted that prospective purchasers are identified and the same is also given to the competent authority. The mortgage value has to be fixed for proceeding further with the sale of the properties and for settling the depositors. It requires further time. The learned counsel for the petitioners requests further six months time.
5.Considering the volume and number of the properties, further period of six months time is granted for completing the exercise as ordered by this Court in W.P.No.9837 of 2022 and W.P.No.9840 of 2022. 2/4
6.Accordingly, W.M.P.Nos.34607 & 34608 of 2022 are allowed. 06.01.2023 ep 3/4
G. CHANDRASEKHARAN, J.
ep W.M.P.Nos.34607 & 34608 of 2022 06.01.2023 4/4