M.Balakrishnan v. The Additional Secretary To Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Balakrishnan ... Petitioner Vs.

1.The Additional Secretary to Government of Tamil Nadu, Home Department, Secretariat, St. George Fort, Chennai-600 009.

2.The Additional Director General of Police, Economic Offences Wing, O/o.Police Training College Campus, Ashok Nagar, Chennai-600 083.

3.The Inspector General of EOW, Economic Offences Wing, O/o.Police Training College Campus, Ashok Nagar, Chennai-600 083.

4. The Superintendent of Police (EOW), Economic Offences Wing,(South Zone) O/o.Police Training College Campus, Ashok Nagar, Chennai-600 083.

5.The District Revenue Officer/ Competent Authority, Madurai District, Madurai.

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6.The Deputy Superintendent of Police (EOW), No.4/425A Chandrapandiyar Nagar, Opp.To Tapal Thanthi Nagar Bus Stop, Madurai-625 014.

7.The Inspector of Police (EOW), No.4/425A, Chandrapandiyar Nagar, Opp. To Tapal Thanthi Nagar Bus Stop, Madurai-625 014.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the fifth respondent to send a proposal to the first respondent for passing order of attachment of subject properties and consequently to direct the fifth respondent to hand over the petitioner a part of subject properties as found in patta Nos.641 and 642 Ulaganeri Village, Madurai East Taluk, Madurai District as proportionate to maturity amount by considering the petitioner and his wife Sasikala's investment 'Bonds' and his complaint with 7th respondent dated 27.03.2024. For Petitioner : Mr.K.Solaisamy For R1 : Mr.S.Shanmuvavel Additional Government Pleader For R2 to R7 : Mrs.Aasha Government Advocate (Crl.side)

O R D E R

This writ petition has been filed for a direction directing the first respondent to consider the representation submitted by the petitioner, seeking attachment of some properties, which are identified by the petitioner belongs to the accused.

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2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner is one of the victims in Crime No.3 of 2023 registered against the accused persons, on the file of the respondent police under Sections 406 and 420 I.P.C r/w. Section 34 I.P.C and Section 5 of TANPID Act. The case of the prosecution is that more than Rupees 6000 Crores was cheated by the accused persons. The accused Company was not also registered with the Reserve Bank of India and SEBI. Though some of the properties were already identified and passed order to attach the same, the petitioner found the property in patta Nos. 641 and 642 situated at Ulaganeri Village, Madurai East Taluk, Madurai District, belongs to the accused.

4. In view of the above, the fifth respondent is directed to identify the properties, which are identified by the petitioner and take appropriate action to attach the same, in pursuant to the registration of F.I.R in Crime No.3 of 2023, within a period of eight weeks from the date of receipt of copy of this order. 3/5

5. With the above direction, this Writ Petition stands disposed of. No costs.

Internet : Yes Index : Yes/No 07.01.2025 Speaking/Non Speaking order am To 1.The Additional Secretary to Government of Tamil Nadu, Home Department, Secretariat, St. George Fort, Chennai-600 009.

2.The Additional Director General of Police, Economic Offences Wing, Ashok Nagar, Chennai-600 083.

3.The Inspector General of EOW, Economic Offences Wing, Ashok Nagar, Chennai-600 083.

4. The Superintendent of Police (EOW), Economic Offences Wing,(South Zone) Ashok Nagar, Chennai-600 083.

5.The District Revenue Officer/ Competent Authority, Madurai District, Madurai.

6.The Deputy Superintendent of Police (EOW), No.4/425A Chandrapandiyar Nagar, Opp.To Tapal Thanthi Nagar Bus Stop, Madurai-625 014.

7.The Inspector of Police (EOW), No.4/425A, Chandrapandiyar Nagar, Opp. To Tapal Thanthi Nagar Bus Stop, Madurai-625 014.

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G.K.ILANTHIRAIYAN, J.

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