Deivanai v. The Additional Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Deivanai ... Petitioner /Vs./

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

2. The Additional Director General of Police, Economic Offences Wing, O/o. Police Training Collage Campus, Ashok Nagar, Chennai - 600083.

3. The Inspector General of EOW, Economic Offences Wing, O/o. Police Training Collage Campus, Ashok Nagar, Chennai - 600083.

4. The Superintendent of Police (EOW), Economic Offences Wing, (South Zone), O/o. Police Training Collage Campus, Ashok Nagar, Chennai - 600083.

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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 - 625014.

7. The Inspector of Police(EOW), No.4/425A, Chandrapandiyar Nagar, Opp. To Tapal Thanthi Nagar Bus Stop, Madurai - 625014.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 5th respondent to sent a proposal to 1st respondent for passing an order of attachment of subject properties and consequently to direct the 5th respondent to hand over 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's investment 'Bonds' and the petitioner's complaint with 7th respondent dated 27.06.2024. For Petitioner : M/s.D.Rameshkumar For Respondents 1 & 5 : Mr.D.Gandhi Raj Special Government Pleader For Respondents 2 to 4, : M/s.M.Aasha 6 & 7 Government Advocate (Criminal Side) 2/6

ORDER

This writ petition has been filed for a direction directing the 5th respondent to sent a proposal to 1st respondent for passing an order of attachment of subject properties and consequently to direct the 5th respondent to hand over 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.

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 3/6

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.

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

30.01.2025 Index : Yes / No NCC : Yes / No am 4/6

TO:-

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

2. The Additional Director General of Police, Economic Offences Wing, O/o. Police Training Collage Campus, Ashok Nagar, Chennai - 600083.

3. The Inspector General of EOW, Economic Offences Wing, O/o. Police Training Collage Campus, Ashok Nagar, Chennai - 600083.

4. The Superintendent of Police (EOW), Economic Offences Wing, (South Zone), O/o. Police Training Collage Campus, Ashok Nagar, Chennai - 600083.

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 - 625014.

7. The Inspector of Police(EOW), No.4/425A, Chandrapandiyar Nagar, Opp. To Tapal Thanthi Nagar Bus Stop, Madurai - 625014.

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G.K.ILANTHIRAIYAN , J.

am Order made in Dated:

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