R.Soundararajan, v. Madurai Rural Development

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 09.08.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR SUB A.(MD)No.54 of 2016 in Cont.P(MD)No.SR14224 of 2016 1.R.Soundararajan 2.S.Selvarani

...Petitioners/Third Party Depositors

Vs.

1. Madurai Rural Development Transformation, India Limited (Group Companies), Rep by its Director G.Ramarathinam, No.32, TNHB Colony, Railor Nagar, Koodal Nagar, Madurai.

.. Respondent No.1/Writ Petitioner

2. S.Ramaswamy, Reserve Bank of India, Rep by its Authorised Officer, Mumbai.

3. Ramesh, Axis Bank, Rep by its Branch Manager, Good Shed Street, Madurai.

4. Vellian, The Deputy Superintendent of Police, District Crime Branch, District Police Office, Madurai.

5. Esther, The Inspector of Police, District Crime Branch, District Police Office, Madurai.

6. Rajamani, The Deputy Superintendent of Police, Economic Offences Wing II, Madurai.

7. Upendra Kumar Sinha, Securities and Exchange Board of India, SEBI Bhavan, Bandra East, Bandra Kurla complex, Mumbai-400 051.

...Respondents 2 to 7/ R1 to R6

PRAYER: Sub Application is filed under Section 151 of Civil Procedure Code, to grant leave to the petitioners herein to file Contempt Petition in W.A.(MD)No.1267 of 2014 for the willful disobedience of the order dated 14.11.2014 made in W.A.(MD) No.1267 of 2014.

Prayer in Cont P(SR)(MD)No.14224 of 2016 Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 r/w Article 215 of the Constitution of India, to initiate appropriate contempt proceedings against the respondents 2 to 7 for their wilful dis obedience of the order dated 14/11/2014 made in WA(MD) No.1267 of 2014 on the file of this Court and consequently punished of the respondents 2 to 7 herein in the event of holding them guilty u/s 11 & 12 of the Contempt of Court Act 1971.

Prayer in WA(MD). 1267/ 2014 :

Writ Appeal filed under clause 15 of letter patent, against the order in WP(MD) No. 15200/2014, dated 17.09.2014 on the file of this Court.

Prayer in WP(MD). 15200/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings of Axisb/Mdu-109/Cus/2013-2014 dated 10.09.2014 on the file of the Respondent No.2 and quashing the same as illegal and consequently to direct the Respondent NO.2 to restore the Petitioner s Bank Accounts from freezing.

For Appellant : Mr.K.Rajkumar For R4 to R6 : Mr.M.Murugan Government Advocate

ORDER

[Order of the Court was delivered by M.M.SUNDRESH, J.] This sub-application has been filed to grant leave to the petitioners to file a Contempt Petition in W.A.(MD)No.1267 of 2014 for the willful disobedience of the order dated 14.11.2014 made in W.A.(MD)No.1267 of 2014.

2.Admittedly, a committee has been constituted as per the order passed by this Court. The Committee has also held that as

much as various measures were taken up and the properties have been identified. The Government have passed an appropriate orders towards ad-interim attachment of the properties and the matter is also pending before the learned Special Court for TNPID Act cases. 3.In such view of the matter, we do not find any willful disobedience of the order passed by this Court. Hence, this subapplication is closed. Consequently, connected Cont P(MD) No.Sr14224 of 2016 is also closed. However, a liberty is given to the petitioners to workout their remedy in the manner known to law. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1 The Deputy Superintendent of Police, District Crime Branch, District Police Office, Madurai.

2 The Inspector of Police, District Crime Branch, District Police Office, Madurai.

3 The Deputy Superintendent of Police, Economic Offences Wing II, Madurai.

TA/SKN VB/KK/SAR2/04/09/2017/3P/4C SUB A.(MD)No.54 of 2016 09.08.2017