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Madras High CourtCRL OP(MD)/7007/2026closed

Hariharasudhan v. State Of Tamilnadu Rep By Inspector Of Police, Eow - Ii

2026-06-02Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2026 CORAM :

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.7007 of 2026 and Crl.M.P.(MD).No.7554 of 2026

1. Hariharasudhan

2. RAM PRASANTH

...Petitioners

Vs State Of Tamilnadu Rep By Inspector Of Police, EOW - II, Madurai.

Crime No.3 of 2023

...Respondent

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to direct the respondent to remove the petitioners property measuring acre 0.22 cents (9600 sq.ft.) bearing plot No.356 in Old Survey No.205/5A, New SubDivision Survey No.205/24, comprised in Patta No.4946, situated at Keezhakurichi Village, within the registration district of Tiruchirappalli and Sub-Registration District of Thiruverumbur, from the proposed auction proceedings initiated in connection with Crime No.3 of 2023 on the file of the Inspector of Police, EOW-II, Madurai and consequently forbear the respondent from in any manner proceeding against the petitioner's property and thus render justice.

For Petitioner : M/s.R.Sreedhar For Respondent No.1 : Mr.P.Samuel Gunasingh Counsel for State of TN (crl.side) 1/6

ORDER

The present petition has been filed seeking to direct the respondent to delete the petitioner's property measuring acre 0.22 cents (9600 sq.ft.) bearing plot No.356 in Old Survey No.205/5A, New Sub- Division Survey No.205/24, comprised in Patta No.4946, situated at Keezhakurichi Village, within the registration District of Tiruchirappalli and Sub-Registration District of Thiruverumbur, from the proposed auction proceedings initiated in connection with Crime No.3 of 2023 on the file of the respondent police and consequently forbear the respondent from in any manner proceeding against the petitioner's property.

2. According to the learned Counsel appearing for the petitioners, they have purchased the property for valuable sale consideration under a sale deed dated 18.02.2019. The sale deed was duly registered in the office of the SubRegistrar, Thiruverumbur, vide Document No. 846/2019.

3. According to the petitioners, the property has no connection whatsoever with the accused persons, namely M/s. Neomax Properties Private Limited. However, it has been wrongly advertised on the website as if the property is to be auctioned. Therefore, the present petition has been filed. 2/6

4. The learned Government Advocate appearing for the respondent submitted that the properties over which the petitioners now make a claim were advertised on the website on 29.01.2026. This Court, vide order dated 24.02.2026 in Crl.O.P. (MD)Nos.15498 of 2024, etc., batch cases, had permitted the respondent herein to proceed with the public auction. In fact, the said order was passed in the presence of the learned Counsel appearing for the Income Tax Department and the Enforcement Directorate. In compliance with the said order, the property in dispute was sold to third parties in a public auction on 17.03.2026.

5. According to the learned Government Advocate appearing for the respondent, the present petition, having been filed on 07.04.2026 after the sale had already taken place, is clearly not maintainable.

6. Heard the learned Counsels appearing on either and perused the materials available on record.

7. As rightly pointed out by the learned Government Advocate, the property was sold on 17.03.2026, and only thereafter, the present petition has been filed before this Court seeking to delete the said property from the 3/6

advertisement made on the website.

8. However, the learned Counsel appearing for the petitioner contends that the property ought not to have been sold, particularly in light of the fact that it is in no way connected with the property of the accused persons in the above-mentioned case.

9. Since the property has already been sold, the relief sought for in the present petition cannot be granted. It is open to the petitioner to approach the Court which passed the order dated 24.02.2026 and seek clarification in this regard.

10. With the said observations, this Criminal original Petition stands closed. Consequently, connected miscellaneous petition is closed. 02.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn 4/6

To:

1. The Inspector Of Police, EOW - II, Madurai.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR , J.

gvn Crl.OP.(MD)No.7007 of 2026 02.06.2026 6/6