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Madras High CourtWP(MD)/13586/2021dismissed

Charles Salomon v. The Competent Authority

2021-09-06Honourable Mr Justice G.Ilangovan2 pages

W.P(MD)No.13586 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD)No.13586 of 2021 and W.M.P(MD).No.10521 of 2021 Charles Salomon ... Petitioner Vs.

The Competent Authority, The District Revenue Officer, Tirunelveli District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondent to permit the petitioner to repay the deposit amount to the depositors and compound the offence under Section 5(A) of the Tamil Nadu Protection of Interest of Depositors Act on the basis of the petitioner's representation dated 31.03.2021. For Petitioner : Mr.G.Thiruvarutselvan For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Writ Petition is filed seeking a direction to the respondent to permit the petitioner to repay the deposit amount to the depositors and compound the offence under Section 5(A) of the Tamil Nadu Protection of Interest of Depositors Act on the basis of the petitioner's representation dated 31.03.2021. 2.By the order dated 12.08.2021, this Court directed the respondent to appear before this Court along with file. 3.As per the direction of this Court, the respondent appeared before this Court and filed a counter affidavit, wherein it is stated that, during the course of enquiry, the petitioner gave a statement that he will settle the entire amount on installment basis that was rejected. The allegation against the petitioner is that without following the proper procedure he made a representation. 4.

The learned counsel for the petitioner would submit that the petitioner is ready to settle the entire amount within three months as per Section 5(A) of the Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act 1997. 5.Considering the facts and circumstances of this case, this Court directs the petitioner to make a fresh representation by https://hcservices.ecourts.gov.

W.P(MD)No.13586 of 2021 following the proper procedure before the concerned Court within a period of four weeks from the date of receipt of copy of this order. The competent authority shall consider the representation if any submitted by the petitioner.

6.With the above directions, this Writ Petitions is disposed. No Costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) tta 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, The District Revenue Officer, Tirunelveli District.

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

W.P(MD)No.13586 of 2021 06.09.2021 NSN(CO)/RS (12.10.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2