Madras High CourtWP(MD)/15502/2021dismissed

Peter A v. The Competent Authority

2021-08-31Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD).No.15502 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2021

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN W.P.(MD).No.15502 of 2021 and W.M.P.(MD).No.12426 of 2021 P.Peter ... Petitioner Vs.

The Competent Authority / The District Revenue Officer, Tuticorin District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondent to permit the petitioner to repay the deposit amount to the depositors by way of installments within a time fixed by this Court on the basis of the statement given by the petitioner before the respondent dated 12.08.2021 and compound the offence under Section 5(A) of the TNPID Act.

For Petitioner : Mr.G.Thiruvarutselvan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

(This writ petition is heard through video conference) This writ petition has been filed seeking a direction to the competent authority to compound the offence on the basis of the statement given by the respondent on 12.08.2021. 2.When the matter is taken up for hearing, the learned counsel for the petitioner submit that based on the petition moved by the petitioner an order was passed by the Special Court for TNPID Cases in Cr.M.P.No.2127 of 2020 on 16.02.2021 directing the competent authority to process compounding the offences within a period of one month from the date of order. The order was passed on 16.02.2021. 3.The learned counsel for the petitioner submitted that he appeared before the competent authority on 12.08.2021, but on the next date namely on 13.08.

2021, the competent authority has filed a report before the Special Court stating that the offences was not compounded. Based upon which summons has been ordered to the witnesses. Now, the grievance of the petitioner is that without undertaking compounding process, in a hurried manner, the competent authority filed the report.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.15502 of 2021 4.Hence, the petitioner is directed to approach the Special Court making this ground and seek reconsideration of the compounding process. If such a request is made the learned Special Judge for TNPID cases shall consider the same on merits. 5.With the above directions, this petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS I) // 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 Special Judge, Special Court for TNPID Act Cases, Madurai.

2.The Competent Authority / The District Revenue Officer, Tuticorin District.

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

W.P.(MD).No.15502 of 2021 31.08.2021 RS (16.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2