Madras High CourtWP(MD)/19732/2016disposed of

Surilirajan, v. The Assistant Director

2016-10-17Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.19732 of 2016 Surilirajan ... Petitioner Vs.

1.The Assistant Director, The Directorate of Enforcement Office, No.6, Besant Nagar, 2.The District Revenue Officer, Collectorate, 3.The Superintendent of Police, Economics Offence Wings, Chennai.

4.The Inspector of Police, Economics Offence Wings-II, 5.Sun Financial Consulting (SFC) SFC Garden, SFC Infotech, rep. By its Director, No.12/9, Santhosh Raj Plaza, Anna Nagar, Madurai.

6.Yakya Narayanan 7.Krishna Kumar 8.Ganesh ... 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 1st respondent to consider the petitioner's representation dated 27.08.2014.

For Petitioner : Mr.K.S.Senthil Kumar For Respondents 2 to 4 : Mr.V.Muruganandham Additional Govt. Pleader For 1st Respondent : Mr.K.K.Senthilvelan

ORDER

The petitioner has filed this Writ Petition seeking a direction, directing the 1st respondent to consider the petitioner's representation dated 27.08.2014. 2.Heard the submissions made on either side and perused the documents carefully.

3.Even though the prayer sought for in the writ petition against the first respondent/Assistant Director, Directorate of Enforcement Office, Madurai, the second respondent/District Revenue Officer is the only competent authority to initiate any proceedings under the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997 (TNPID Act). Since the petitioner has already made a representation to the second respondent on 27.08.2014 to initiate proceedings for attaching the property under the TNPID Act, 1997, the second respondent is directed to consider the representation of the petitioner dated 27.08.2014, after giving an opportunity to the petitioner, and dispose of the same on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

4.With the above direction, this writ petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar vs To 1.The Assistant Director, The Directorate of Enforcement Office, No.6, Besant Nagar, 2.The District Revenue Officer, Collectorate, 3.The Superintendent of Police, Economics Offence Wings, Chennai.

4.The Inspector of Police, Economics Offence Wings-II, +1cc to Mr.K.S.Senthil Kumar, Advocate Sr.No. 61030 +1cc to Mr.K.K.Senthilvelan Advocate Sr.No. 60956 +1cc to Spl.Government Pleader Sr.No. 61052 JAM/25.11.16/SKS-RR/3p-8c W.P(MD)No.19732 of 2016 17.10.2016