Jesu Dhasan v. The Competent Authority
W.P.(MD)No.2868 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2021 CORAM :
THE HONOURABLE Mrs.JUSTICE R.HEMALATHA W.P.(MD)No.2868 of 2021 and W.M.P.(MD)No.2341 of 2021 Jesu Dhasan
...Petitioner
/Vs./ 1.The Competent Authority, District Revenue Officer, Kanyakumari District.
2.The Deputy Superintendant of Police, Economic Offences Wing-II, Kanyakumari District, Nagercoil.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the first respondent to forthwith compound the offence as per the order passed by the Special Court under the Tamil Nadu Protection of Interest of Depositors Act Cases, Madurai in Crl.M.P.No.1777 of 2020 in C.C.No.5 of 2011 dated 03.12.2020.
For Petitioner :Mr.P.T.Ramesh Raja For Respondents :Mr.A.Robinson Government Advocate (Criminal Side)
ORDER
By consent, this Writ Petition is taken up for final hearing at the admission stage itself.
2. The petitioner has filed this petition seeking for a direction to the District Revenue Officer, Nagercoil, Kanyakumari District, to compound the offence under Section 5A of the Tamil Nadu Protection of Interest of Depositors Act, as per the directions of the Special Judge, Special Court under Tamil Nadu Protection of Interest of Depositors Act Cases, Madurai in Crl.M.P.No.1777 of 2020 in C.C.No.5 of 2011 dated 03.12.2020.
3. The learned counsel for the petitioner contended that since the learned Special Judge, Special Court under Tamil Nadu Protection of Interest of Depositors Act Cases, Madurai, did not specify the time limit within which the offence should be compounded by the District Revenue Officer, the District Revenue Officer is keeping the case pending for a long time without any progress.
4. Mr.A.Robinson, learned Government Advocate, who accepts notice on behalf of the respondents, on instructions would contend https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.2868 of 2021 that the District Revenue Officer, in obedience to the orders of the learned Special Judge, Special Court under Tamil Nadu Protection of Interest of Depositors Act Cases, Madurai, sent a communication to the Deputy Superintendant of Police, Nagercoil, requesting him to send a list of depositors, so that the matter can be compounded. He would further contend that the District Revenue Officer would take steps to compound the offence, after getting a list of depositors from the concerned Deputy Superintendant of Police.
5. Recording the said submissions made by the learned Government Advocate (Criminal Side), the present petition is disposed of with a direction to the District Revenue Officer, Nagercoil / first respondent to dispose of the case as expeditiously as possible, not later than six months. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Competent Authority, District Revenue Officer, Kanyakumari District.
2.The Deputy Superintendant of Police, Economic Offences Wing-II, Kanyakumari District, Nagercoil.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.P.T.RAMESH RAJA, Advocate ( SR-6503[F] dated 22/02/2021 ) W.P.(MD)No.2868 of 2021 19.02.2021 KUN(CO) KB(08.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2