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Madras High CourtWP/28266/2017disposed of

Real Estate Kolumatthai v. The Secretary,

2023-03-30Honourable Mr Justice S.M. Subramaniam9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30-03-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Real Estate Kolumatthai Pathikkapatta Muthalettalar Nala Sangam, Represented by its Secretary Mr.R.Dhakshinamoorthy, No.72/1, SRB Nagar, 7th Street, Kollathur, Chennai-600 099.

... Petitioner Vs.

1.The Secretary, Local Administration Department, Fort St. George, Chennai-600 009.

2.Deputy Superintendent of Police, EOW-II, Anna Nagar, Chennai-102.

3.The Collector, Office of the Chennai Collectorate, Chennai District, Singaravelan Maligai, No.62, Rajaji Salai, Chennai-600 001.

4.Competent Authority/District Revenue Officer, Office of the Chennai Collectorate, Chennai District, Singaravelan Maligai, No.62, Rajaji Salai, Chennai-600 001.

5.M/s.JBJ City Developers Ltd., No.44/8, CO Block, 7th Street, Anna Nagar, Chennai-102.

6.M/s. JBJ Builder and Promoters, No.44/8, CO Block, 7th Street, Anna Nagar, Chennai-102.

7.M/s.JBJ Tours and Travel, No.44/8, CO Block, 7th Street, Anna Nagar, Chennai-102.

8.M/s.JBJ Hotel and Resorts, No.44/8, CO Block, 7th Street, Anna Nagar, Chennai-102.

9.M/s.JBJ Chits Private Limited, No.44/8, CO Block, 7th Street, Anna Nagar, Chennai-102.

10.M/s.JBJ Foundation, No.44/8, CO Block, 7th Street, Anna Nagar, Chennai-102.

11.M/s.Abode Lee Hedges Impex Private Limited, Old No.33, New No.4, Ac Block, Anna Nagar, Chennai-40.

12.Mr.Justin Devadoss @ David 13.Mrs.Bella Justin 14.V.Arokiyasamy 15.Joseph Dinesh 16.Thambu Rajan Sagayam 17.Samual Knudson 18.G.Sivakumar 19.R.Natarajan 20.Mercy Stellabai Andrill 21.Prakash Balakrishnan 22.A.Anna Jebaraj 23.F.Fedrick Duraisamy 24.Mr.A.Vijayakumar 25.Premila Jacob 26.Mrs.Priscilla Rajan 27.Amminy Danial

28.T.J.Godwin Joseph 29.Bright Gnana Singh 30.J.Watson [R-5 to R-30 impleaded vide order of Court dated 18.11.2022 made in WPMP No.30247 of 2022 in WP No.28266 of 2017] 31.The Secretary to The Home Department, Secretariat, Fort St. George, Chennai.

[R-31 suo motu impleaded vide order of Court dated 25.11.2022 made in WP No.28266 of 2017] ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to attach the immovable properties given in Schedule to the writ petition in compliance with the provisions of Section 3 of the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997. For Petitioner : Mr.R.Subbu Raj For Respondents-1 to 4 and 31 : Mr.T.Arunkumar, Additional Government Pleader.

O R D E R

The Writ of Mandamus has been filed to direct the first respondent to attach the immovable properties given in the Schedule to the present writ petition in compliance with the provisions of Section 3 of the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997.

2. The petitioner is a Real Estate Kolumatthai Pathikkapatta Muthalettalar Nala Sangam

3. The grievance of the writ petitioner-Sangam is that their members have invested their hard earned money with the Financial Establishments and the said deposits were not repaid and actions were initiated. However, the Members of the petitioner-Sangam are unable to get back their money for a long time.

4. The learned counsel for the petitioner-Sangam states that the Government has not taken effective steps to attach the property under Section 3 of the Tamil Nadu Protection of Interests of Depositors (in

Financial Establishments) Act, 1997. Thus the petitioner-Sangam is constrained to move the present writ petition.

5. The Status Report filed by the Competent Authorities/ District Revenue Officer reveals that several actions were already taken to realise the money and some of the properties were already sold through public action. Consistent actions are initiated in order to repay the money to the depositors.

6. The relief sought for in the present writ petition is to attach the properties under Section 3 of the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997. If at all some more properties are to be attached in respect of the Financial Establishments, the petitioner-Sangam has to provide all such information to the Competent Authorities and to the Special Court concerned for the purpose of redressal of their grievances.

7. Under the provisions of the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, both the

Competent Authorities and the Special Court have powers to deal with the properties. Thus the petitioner-Sangam is at liberty to approach the proper Forum for the purpose of redressal of their grievances.

8. With the abovesaid liberty, the writ petition stands disposed of. However, there shall be no order as to costs. 30-03-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The Secretary, Local Administration Department, Fort St. George, Chennai-600 009.

2.Deputy Superintendent of Police, EOW-II, Anna Nagar, Chennai-102.

3.The Collector, Office of the Chennai Collectorate, Chennai District, Singaravelan Maligai, No.62, Rajaji Salai, Chennai-600 001.

4.Competent Authority/District Revenue Officer, Office of the Chennai Collectorate, Chennai District, Singaravelan Maligai, No.62, Rajaji Salai, Chennai-600 001.

5.The Secretary to The Home Department, Secretariat, Fort St. George, Chennai.

S.M.SUBRAMANIAM, J.

Svn WP 28266 of 2017 30-03-2023