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Madras High CourtWP(MD)/2814/2013closed

Paradesi Reddiar (Died) v. The Govt. Of Tamil Nadu,

2022-08-04Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)Nos.1 of 2013 & 2 of 2014 Paradesi Reddiar (Died) ... Petitioner 2.Ramesh ... Proposed Petitioner (Petitioner 2 is substituted of the deceased sole petitioner vide Court order, dated 19.10.2016 in M.P(MD)No.1 of 2014) Vs.

1.The Government of Tamil Nadu, Represented by its Principal Secretary, Home (Police XIX) Department, Fort St.George, Chennai-600 009.

2.The District Collector, Trichy District, 3.The Competent authority under TNPID Act and The District Revenue Officer, Trichy District, 1/5

4.The Revenue Divisional Officer, Musiri, Trichy District.

5.The Tahsildar, Musiri, Trichy District.

6.The Inspector of Police, Economics Offences Wing II, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the third respondent from taking possession of the petitioner's property attached by the first respondent vide G.O.Ms.No.985, Home (Police XIX) Department, dated 24.12.2012 without completing the adjudication under Section 4 of Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act, 1997, and pass such further or other orders.

For Petitioner : Mr.M.Saravanan For Respondents : Mr.P.Thambidurai Government Advocate

ORDER

The present Writ Petition has been filed challenging a Government Order passed under Section 3 of Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act, 1997. 2/5

2. On instructions, the learned Government Advocate for the respondents submits that the provisional order of attachment made in the impugned Government Order has been confirmed by the TNPID Court as contemplated under Section 7 of the said Act. The petitioners have also filed some applications before the said TNPID Court for taking back their articles from the house property. Since final orders have been passed by the TNPID Court, no further adjudication is required in this writ petition, under which, the provisional order of attachment has been challenged. The petitioner is at liberty to challenge the final orders passed by the TNPID Court in the attachment proceedings before the appropriate forum.

3. With the above said observations, the writ petition stands closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

04.08.2022 Index :

Yes / No Internet :

Yes / No btr 3/5

To 1.The Principal Secretary, The Government of Tamil Nadu, Home (Police XIX) Department, Fort St.George, Chennai-600 009.

2.The District Collector, Trichy District, 3.The Competent authority under TNPID ACt and The District Revenue Officer, Trichy District, 4.The Revenue Divisional Officer, Musiri, Trichy District.

5.The Tahsildar, Musiri, Trichy District.

6.The Inspector of Police, Economics Offences Wing II, 4/5

R.

VIJAYAKUMAR , J.

btr Order made in 04.08.2022 5/5