Madras High CourtWP(MD)/23694/2018dismissed as infructuous

B.Sugumaran, v. The Secretaryto Government,

2021-11-19Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 19.11.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN W.P.(MD)No.23694 of 2018 B.Sugumaran ... Petitioner Vs.

1.The Secretary to Government, Home (Police) Department, Secretariat, Fort St.George, Chennai.

2.The District Collector, 3.The Deputy Director of Police E.O.W., 1st Floor SIDCO Co-operative Society Old Building, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai.

4.The Inspector of Police, E.O.W., 2nd Floor, Commercial Tax Office Building, Mannarpuram, Trichy & District.

5.The Competent Authority under TANPID Act Cum District Revenue Officer, Trichy District, ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to take a steps to attach the properties of the accused Real Estate Firm namely, GMG Real Estate, Trichy, on the basis of the case registered in Crime No.1 of 2017 pending investigation on the file of the 4th respondent police and take effective and speedy steps to return back the depositors' amount by appropriating those 1/3

properties within a stipulated period of time that may be fixed by this Court.

For Petitioner : Mr.S.Siva Ilayaraja For Respondents : Mr.M.Muthumanikkam, Government Advocate (Crl.Side)

O R D E R

This petition is filed seeking a direction to the respondents herein, to take steps to attach the property, which belongs to the accused person for the purpose of distribute the amount to the depositors.

2.When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) would submit that steps have been undertaken for attaching the property. A letter has been addressed to the Legal Advisor, (Civil) TNPID Court, Madurai, in the last month, seeking legal advise and the same has not been received sofar and further steps can be taken only depending upon the legal advise given by the concerned Officer.

3.Recording the submission made by the learned Government Advocate (Crl.Side), this Writ Petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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 Secretary to Government, Home (Police) Department, Secretariat, Fort St.George, Chennai.

2.The District Collector, 2/3

3.The Deputy Director of Police E.O.W., 1st Floor SIDCO Co-operative Society Old Building, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai.

4.The Inspector of Police, E.O.W., 2nd Floor, Commercial Tax Office Building, Mannarpuram, Trichy & District.

5.The Competent Authority under TANPID Act Cum District Revenue Officer, Trichy District, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S. SIVA ILAYARAJA, Advocate ( SR-35243[F] dated 19/11/2021 ) W.P.(MD)No.23694 of 2018 19.11.2021 MGJ(02.12.2021) 3P 8C 3/3