Madras High CourtWP(MD)/7857/2017closed

M.Swaminathan v. The Additional Director

2017-11-22Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD)No.7857 of 2017 M.Swaminathan : Petitioner -Vs1.The Additional Director General of Police, Chennai-600 032.

2.The District Collector, Collectorate Campus, Thanthonimalai, Karur.

3.The Competent Authority and District Revenue Officer, Collectorate Campus, Karur District.

4.The Sub-Registrar, Sub-Registrar's Office, Karur West, Karur Town, Karur.

5.The Inspector of Police, Thanthonimalai, Karur, Karur District.

6.M/s.Sri Kurinji Andavar Investments, rep. by its Managing Partner Kandasamy, No.917/278, Jawahar Bazaar, Karur and presently at No.10, Kaliyammal Nivas, Near Vembumariyamman Kovil, Pasupathipuram, Karur-1.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent herein to implement the order in G.O.Ms.No.882, Home (Police XIX) Department, dated 05.12.2016 and take steps to make the interim order of attachment as absolute and proceed further as per the procedure under

Sections 3 and 4 of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997 in respect of the property of an extent of 2400 Sq.ft. in T.S.No.203/1, Karur Municipal Town, Melakarur Sub-Registrar's Office, Karur District. For Petitioner : Mr.C.Mahadevan For Respondents 1to5 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader

O R D E R

The direction as prayed for by the petitioner cannot be granted, because, whenever ad-interim order of attachment is passed by the Government, the District Revenue Officer, who is the competent authority under Section 4 of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, will move an application before the concerned Special Court for confirmation of the order of attachment.

2. The learned Additional Government Pleader, on instructions, submitted that steps are being taken by the District Revenue Officer to file necessary application before the Special Court for TNPID Act Cases.

3. Recording the submission made by the learned Additional Government Pleader, the Writ Petition is closed. No costs.

Sd/- Assistant Registrar(RTI) /TRUE COPY/ Sub Assistant Registrar To 1.The Additional Director General of Police, Chennai-600 032.

2.The District Collector, Collectorate Campus, Thanthonimalai, Karur.

3.The Competent Authority and District Revenue Officer, Collectorate Campus, Karur District.

4.The Sub-Registrar, Sub-Registrar's Office, Karur West, Karur Town, Karur.

5.The Inspector of Police, Thanthonimalai, Karur, Karur District.

+1cc to M/s.AL.Ganthimathi, Advocate SR.No.54320 +1cc to special Government Pleader SR.No.54718 sml sm:MSA:SAR 4:10.5.2017:3p/8c Order made in W.P.(MD)No.7857 of 2017 Dated: 26.04.2017 (2/2)