R.S.Marikannan v. The Inspector General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY & C.M.P.(MD)No.4028 of 2025 R.S.Marikannan ... Appellant -Vs1.The Inspector General, Department of Registration, Santhome, Chennai.

2.The District Registrar (Admin), Virudhunagar District, Virudhunagar.

3.The Sub Registrar, Sattur, Virudhunagar District.

... Respondents PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 15.10.2024 made in W.P.(MD)No.23668 of 2023 on the file of this Court.

For Appellant : Mr.S.M.Anantha Murugan For Respondents : Mr.P.T.Thiraviyam, Government Advocate

JUDGMENT

[Judgment of the Court was delivered by J.NISHA BANU, J.] This Writ Appeal is directed against the order of this Court dated 15.10.2024 made in W.P.(MD)No.23668 of 2023. The said Writ Petition was heard along with a batch of Writ Petitions and disposed of by a common order. 2.It is the case of the appellant / writ petitioner that his father, namely, R.Sundarrajan purchased a land in Survey No.733/2 to an extent of 1.50 acre (acre 1 cents 50) at O.Mettupatti Village, Sattur Taluk from one Lakshmiammal vide document No.588, dated 22.02.2022 and he also owned many other properties in Chinnakollapatti Village and O.Mettupatti Village. His father died on 15.03.2008, leaving behind the writ petitioner, his mother and his siblings as legal heirs. Thereafter, on 06.05.

2019, his mother, sisters and brother executed a settlement deed in favour of the writ petitioner vide Document No.2447 of 2019. While being so, a case relating to PACL Company came up for hearing before the Hon'ble Supreme Court and the Hon'ble Supreme Court appointed a committee headed by Hon'ble Former Chief Justice of India Mr.R.M.Lodha for settling the PACL company's depositors by disposing its assets.

respondent issued an enquiry notice dated 16.08.2022 to the writ petitioner, stating that the settlement deed No.2447 of 2019 has been registered by violating the 1st respondent's circular dated 05.03.2022. Thereafter, the 2nd respondent, vide order dated 01.12.2022, stayed the further alienation, claiming title over the properties as per the settlement deed. Challenging the same, the appellant / writ petitioner has filed the said Writ Petition.

3.The Writ Court, after hearing the learned counsel on either side and perusing the records, disposed of the Writ Petition, directing the writ petitioner to file a necessary application or objection before the Hon'ble Justice (Retd.) R.M.Lodha Committee. Challenging the same, the appellant / writ petitioner has filed this Writ Appeal.

4.Heard the learned counsel on either side and perused the materials available on record.

5.A perusal of the impugned order passed by the Writ Court would show that since the issue is pending before the Hon'ble Supreme Court, the Hon'ble Supreme Court appointed a Committee headed by the Hon'ble Mr.Justice R.M.Lodha, former Chief Justice of India and based on the report submitted by

the Committee, the Hon'ble Supreme Court, vide order dated 02.05.2016 in Civil Appeal No.13301/2015 (Subrata Bhattacharya Vs. Securities and Exchange Board of India and others) passed an order, attaching the properties owned by the PACL Company and also passed an order, restraining all the Courts in India from entertaining any claims involving PACL properties. Thereafter, on 27.09.2017, the Hon'ble Justice (Retd.) R.M.Lodha Committee has constituted a committee headed by R.S.Virk, District Judge (Retd.) to hear the objections / representations against the attachment of various properties belonging to the PACL. 6.In such view of the matter, the Writ Court has rightly relegated the appellant / writ petitioner to the Hon'ble Justice (Retd.) R.M.Lodha Committee to present his objections / representations before the Committee. Therefore, there is no infirmity or error in the order passed by the Writ Court. Accordingly, this Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[J.N.B., J.] & [S.S.Y., J.] 13.03.2025 NCC : Yes / No Index : Yes / No Yuva

To 1.The Inspector General, Department of Registration, Santhome, Chennai.

2.The District Registrar (Admin), Virudhunagar District, Virudhunagar.

3.The Sub Registrar, Sattur, Virudhunagar District.

J.NISHA BANU, J.

AND S.SRIMATHY, J.

Yuva 13.03.2025