M. Elwin Yesudas v. The Govt.Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3911 of 2016 and W.M.P.(MD)Nos.3494 to 3496 of 2016 and 1224 of 2017 1.M.Elwin Yesudas 2.Antony 3.Maria Arputham 4.Maria Selvi ... Petitioners Vs.
1.The Government of Tamil Nadu, Rep. by its Principal Secretary to the Government, Home (Courts.IIA) Department, Secretariat, Fort Saint George, Chennai.
2.The Competent Authority and District Revenue Officer, 3.The Competent Authority and Additional Commissioner of Land Administration, Chennai.
4.The Superintendent of Police, Kanyakumari District, Nagercoil.
5.The Inspector of Police, Economic Offences Wing-II, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the first respondent in G.O.Ms.No.1028 of 2003, dated 27.10.2003 and G.O.Ms.No.1228 of 2004, dated 27.10.2004 and the consequent memo issued by the second respondent dated 01.10.2015 in C4/S.R.01/2010 and quash the same and consequently, permit the petitioners to deal with their properties mentioned in the impugned orders.
For Petitioner :Mr.N.Dilip Kumar For Respondents :Mr.K.MU.Muthu Additional Government Pleader
ORDER
Heard the learned counsel on either side.
2.The writ petitioners were running a financial establishment. They had committed default. Therefore, criminal cases were registered against them under the provisions of Tamil Nadu Protection of Interest of Depositors (in financial establishment) Act, 1997. The property of the petitioners also came under attachment by virtue of the petition mentioned G.Os. 3.The learned counsel appearing for the writ petitioners submits that the petitioners have completely settled the claims of all the depositors and the criminal prosecution initiated against them have been compounded and ended in acquittal. This is fairly conceded by the respondents also.
4.The criminal prosecution initiated against the writ petitioners no longer survives. The attachment made in respect of the petitioners' property should also go as a corollary and as a direct consequence. Therefore, G.Os as well as the consequential proceedings impugned in the writ petition stand quashed. 5.The writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(cs-III) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to the Government, Home (Courts.IIA) Department, Secretariat, Fort Saint George, Chennai.
2.The Competent Authority and District Revenue Officer, 3.The Competent Authority and Additional Commissioner of Land Administration, Chennai.
4.The Superintendent of Police, Kanyakumari District, Nagercoil.
5.The Inspector of Police, Economic Offences Wing-II, +1cc to Mr.N.Dilip Kumar, Advocate, SR.No.53800 +1cc to Special Government Pleader, SR.No.53601 W.P.(MD)No.3911 of 2016 and W.M.P.(MD)Nos.3494 to 3496 of 2016 and 1224 of 2017 12.03.2019 SP/27.03.2019/ 3P/8C