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Madras High CourtWP(MD)/424/2025disposed of

F.Jafarullah Khan v. The Government Of Tamilnadu

2025-01-08Honourable Mr Justice G.K. Ilanthiraiyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN F.Jafarullah Khan ... Petitioner /Vs./

1. The Government of Tamilnadu Represented Through its Additional Chief Secretary, Home Prohibition and Excise Department, Fort St. George, Chennai - 600009.

2. The Director General of Police, Office of the Director General of Police Post Box No. 601, Kamarajar Salai, 1, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600004.

3. The Additional Director General of Police, Economic Offences Wing, No.2, Natesan Salai, Ashok Nagar, Chennai - 600083.

4. The Superintendent of Police Office of the Superintendent of Police, Shivaji Nagar, Pillaiyarpatty, Thanjavur, Thanjavur District - 613010.

5. The District Revenue Officer Office of the District Revenue Officer, Mannar Sarafoji Road, Thanjavur Housing Unit, Thanjavur Post, Thanjavur District - 613007. 1/6

6. The Deputy Superintendent of Police (Town DSP), Town Sub Division, Office of Deputy Superintendent of Police, Kilavasal, Thanjavur Post, Thanjavur District - 613001.

7. The Deputy Superintendent of Police (EOW), Office of Deputy Superintendent of Police, Income Tax Office Complex, Race Course Road, Kajamalai Nagar, Mannarpuram, Trichy Post.

.. Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 5th respondent with assistance of the respondents No. 6 and 7 to take immediate steps to encash the assets Movables, Immovables, Bank Deposits, Bank Balance, etc., of Raahath Transport and its aid kept in C.C.No. 5 of 2024 on the file of the TNPID Court, Madurai in respect of FIR No. 78 of 2021 by auctioning the same and to deposit the proceeds before the TNPID Court, Madurai, in C.C.No. 5 of 2024 to enable the affected investors to collect their respective shares as interim measure pending disposal of C.C.No. 5 of 2024 on the file of the TNPID Court, Madurai by considering the petitioner's representation dated 13.11.2024, within the period as stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R1&5 2/6

: Mrs.M.Aasha Government Advocate (Crl.Side) for R2-4 & 6, 7

ORDER

This Writ Petition has been filed for a direction, directing the 5th respondent with assistance of the respondents No. 6 and 7 to take immediate steps to encash the assets Movables, Immovables, Bank Deposits, Bank Balance, etc., of Raahath Transport and its aid kept in C.C.No. 5 of 2024 on the file of the TNPID Court, Madurai in respect of FIR No. 78 of 2021 by auctioning the same and to deposit the proceeds before the TNPID Court, Madurai, in C.C.No. 5 of 2024 to enable the affected investors to collect their respective shares as interim measure pending disposal of C.C.No. 5 of 2024 on the file of the TNPID Court, Madurai by considering the petitioner's representation dated 13.11.2024.

2. Heard the learned counsel on either side and perused the materials available on record.

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3. Without expressing any opinion on merits of the writ petition, the fifth respondent is directed to consider the representation submitted by the petitioner dated 13.11.2024 and pass orders on merits and in accordance with law, after giving an opportunity to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order, if not already disposed of.

4. With the above direction, the writ petition stands disposed of. No costs.

08.01.2025 Internet : Yes/No NCC : Yes / No Index : Yes/No LS TO:-

1. The Additional Chief Secretary, Home Prohibition and Excise Department, Fort St. George, Chennai - 600009.

2. The Director General of Police, Office of the Director General of Police Post Box No. 601, Kamarajar Salai, 1, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600004.

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3. The Additional Director General of Police, Economic Offences Wing, No.2, Natesan Salai, Ashok Nagar, Chennai - 600083.

4. The Superintendent of Police Office of the Superintendent of Police, Shivaji Nagar, Pillaiyarpatty, Thanjavur, Thanjavur District - 613010.

5. The District Revenue Officer Office of the District Revenue Officer, Mannar Sarafoji Road, Thanjavur Housing Unit, Thanjavur Post, Thanjavur District - 613007.

6. The Deputy Superintendent of Police (Town DSP), Town Sub Division, Office of Deputy Superintendent of Police, Kilavasal, Thanjavur Post, Thanjavur District - 613001.

7. The Deputy Superintendent of Police (EOW), Office of Deputy Superintendent of Police, Income Tax Office Complex, Race Course Road, Kajamalai Nagar, Mannarpuram, Trichy Post.

Copy to The TNPID Court, Madurai.

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G.K.ILANTHIRAIYAN , J.

LS Order made in Dated:

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