S.Ghouse Yacoob Hussain v. The Competent Authority

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN S.Ghose Yacoob Hussain ... Petitioner/Petitioner Vs.

The Competent Authority, District Revenue Officer, Madurai.

... Respondent/Respondent PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to issue direction to the Special Court of TNPID Act Cases, Madurai, to adjudicate and dispose the application made in I.A.No.3 of 2023 in O.A.No.23 of 2012 within time frame that may be fixed by this Court.

For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondent : Mr.A.Sivanu Pandian Government Advocate (Civil) For Depositor : Mrs.P.Yasmin Begum 1/4

ORDER

This civil revision petition has been filed seeking direction to the Special Court of TNPID Act Cases, Madurai, to adjudicate and dispose the application made in I.A.No.3 of 2023 in O.A.No.23 of 2012 within time frame that may be fixed by this Court.

2.O.A.No.23 of 2012 was filed by one of the Depositor before the TNPID Court, Madurai, seeking an order of making the attachment passed in G.O.Ms.No.817, Home (Police XIX) Department, dated 19.10.2012, is absolute. That was allowed by the Special Court. Therefore, the petitioner who is the fourth respondent in that proceedings filed I.A.No.3 of 2023 seeking permission to give security in lieu of the attachment made in O.A.No.23 of 2012 on the properties and on satisfaction of the security offered and given by the petitioner to cancel the obstruction caused on the properties listed in the petition as per Section 9 of the TNPID Act. Since that petition is pending before the Special Court without any progress, this petition has been filed by the petitioner seeking direction for speedy disposal. 2/4

3.The learned counsel for the depositors would submit that in pursuance of the orders passed by the competent authority, the premise's was already sealed. Auction was also conducted, even before the application moved by the petitioner. But, however, considering the facts and circumstances of this case and considering the oldness of the matter, there shall be a direction to the learned Special Judge, Special Court of TNPID Act Cases, Madurai, to dispose of the above said I.A.No.3 of 2023 in O.A.No.23 of 2012 pending on his file within a period of fifteen days from the date of receipt of a copy of this order. 4.With the above said direction, this civil revision petition stands disposed of. No costs.

12.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM Note: Issue Order copy on 14.02.2024 To 1.The Special Judge, Special Court of TNPID Act Cases, Madurai. 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 12.02.2024 4/4