The Area Manager v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P.(MD)Nos.1045 and 1047 of 2023 The Area Manager, Muthoot Fincorp Ltd, No.74, Ground Gloor, Siluvathur Road, Opp.Kamarajar Kalayana Mahal, Near SMB School, Dindigul District.

... Petitioner Vs 1.The Principal Secretary to Government, Secretariat, Home (Police XIX) Department, Chennai.

2.The District Revenue Officer, Dindigul District, Dindigul.

3.The Deputy Superintendent of Police, Economic Offence Wing-II, Dindigul.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the impugned order in 1st item in schedule G.O.Ms.No.879, dated 05.12.2016 (HOME (Police XIX) department on the file of the first 1/5

respondent and consequent notices issued by the second respondent in e.f.vz;.No.663/2017/C4, dated 03.07.2019 and the third respondent in e.f.vz;.No.20/fh.J.f/bgh.F.gp.II/jpz;Lf;fy;/2020> dated 10.09.2020 and quash the same as illegal, ultra vires, unconstitutional and unsustainable.

For Petitioner : Mr.S.Ramesh, For Respondents : Mr.J.K.Jeyaseelan, Government Advocate, for R1 and R2.

: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for R3.

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of Writ of Certiorari, to call for the records of the impugned order in 1st item in schedule G.O.Ms.No.879, dated 05.12.2016 (HOME (Police XIX) department on the file of the first respondent and consequent notices issued by the second respondent in e.f.vz;.No.663/2017/C4, dated 03.07.2019 and the third respondent in e.f.vz;.No.

20/fh.J.f/bgh.F.gp.II/jpz;Lf;fy;/2020> dated 10.09.2020 and quash the same as illegal, ultra vires, unconstitutional and unsustainable. 2/5

2. When the matter is taken up for hearing today, the learned Government Advocate (Civil Side) appearing for the respondents 1 and 2 would submit that the suit in O.S.No.3 of 2019 in C.C.No.19 of 2019, dated 10.06.2019 on the file of the Special Court under TNPID Act cases, was allowed and the properties attached interimly in G.O.Ms.No. 879/Home Police (XIX) department, dated 05.12.2016, was made absolute.

3.Recording the same, the Writ Petition is dismissed as infructuous. The petitioner is at liberty to prefer an appeal challenging the order passed on 10.06.2019. No costs. Consequently, connected Miscellaneous Petitions are closed.

31.01.2023 NCC : Yes/No Index :Yes/No Internet : Yes/ No das 3/5

To 1.The Principal Secretary to Government, Secretariat, Home (Police XIX) Department, Chennai.

2.The District Revenue Officer, Dindigul District, Dindigul.

3.The Deputy Superintendent of Police, Economic Offence Wing-II, Dindigul.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

K.MURALI SHANKAR, J das Order made in and W.M.P.(MD)Nos.1045 and 1047 of 2023 31.01.2023 5/5