Madras High CourtWP(MD)/26735/2019disposed of

Leon v. The District Collector

2020-03-12Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Thursday, the Second day of January Two Thousand Twenty PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA WP(MD)Nos.26735 and 27280 of 2019 Leon ... Petitioner Vs 1 The District Collector Tenkasi District 2 The Superintendent of Police Tenkasi District 3 The Inspector of Police Aykudi Police Station Tenkasi District 4 The Inspector of Police Economic Offence Wing Madurai 5 Apsal India Ltd 51 K.A.S.P.Tower Bye Pass Road Near Arisro Hospital Madurai Rep by its Managing Director A.Senthilvel S/o.Avudaiappan ... Respondents Prayer :- This Petition filed Under Article 226 of Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 4 to take appropriate action on the basis of the petitioner's representation dt 27.11.2019 in Crime no.2/2017 in 4th respondent police and identify the assets of 5th respondent company, forfeit the same and may settle the dues of the petitioner after disposing the properties of 5th respondent.

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WP(MD).27280/ 2019 R.Seenivasan ... Petitioner - Vs. -

1. The Additional Superintendent of Police, Economic Offences Wing, Madurai.

2. The Inspector of Police Economic Offences Wing, Madurai

3. Thangavel

4. M.Selvaraj,

5. Rukmani Devi

6. P.Pon Nandhagopal

7. G.Thirumal

8. V.Ganesan

9. Rekha

10. R.Daniel ... Respondents Prayer in WP(MD). 27280/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the respondents 1 and 2 to conduct proper enquiry and take appropriate action against the respondents 3 to 10 on the basis of the petitioner's representation dated 12.04.2018 and 19.03.2019, within a time filed by this Court.

ORDER:- These Petitions coming up for orders on this day and upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Thiru. N,Madhavagovindan, Advocate for the Petitioner in WP(MD)26735/19 and of Thiru.K.Mohammed Sirajudeen,Advocate for the petitioner in WP(MD) 27280/19, Mr.S.Chandrasekaran, Additional Public Prosecutor for Respondents 1to 4 in WP(MD)26735/19 and respondents 1 &2 in WP(MD) 27280/19 and Mr.K.P.Narayanakumar, Advocate for the fifth respondent in WP(MD)26735/19, this Court made the following order: This writ petition has been filed to direct the respondents 1 to 4 to take appropriate action on the basis of the petitioner representation dated 27.11.2019 in Crime No.

2 of 2017 pending on the file of the fourth respondent police and identify the assets of 5th respondent company forfeit the same and to settle the dues of the petitioner after disposing the properties of 5th respondent. 2.

against the fifth respondent before the various police stations throughout Tamilnadu and Pandicherry.

3.The learned counsel appearing for the fifth respondent would submit that the fifth respondent company is a Public Limited Company which is genuinely running business and they have so far collected deposits to the tune of Rs.98,56,49,826/- from the customers throughout the Tamilnadu and the company had settled the maturity amount to its customers in various branches to the tune of Rs.34,21,19,706/-. He would further submit that the deposits collected from the customers have been invested in the form of immovable properties throughout Tamilnadu and the fifth respondent company is holding 2000 acres of land and the value of the land about Rs.83 Crores. He would further submit that the fifth respondent has no objection for appointing a committee to take over the properties and to settle the issues.

The fifth respondent / the Managing Director of the company has also filed an affidavit wherein in Paragraph Nos.5, 6 and 7 he had given details with regard to the deposits collected so far and details regarding repayment of matured deposits and the details of the assets and liabilities of the company as on date.

4.In view of the above, the learned Additional Public Prosecutor is directed to call for the report from ADGP, Economic Offences Wing, Guindy, Chennai, with regard to the details of the complaints/case pending against the fifth respondent throughout the State and also verify with regard to the information furnished by the fifth respondent company with regard to the assets and the liabilities of the company as on date.

5.Post the matter on 30.01.2020 "for filing report". Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) TO

1. The District Collector Tenkasi District

2. The Superintendent of Police Tenkasi District

3. The Inspector of Police Aykudi Police Station Tenkasi District.

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4. The Inspector of Police Economic Offence Wing Madurai

5. The Additional Superintendent of Police, Economic Offences Wing, Madurai

6. The AdditionalPublic Prosecutor, Madurai Bench of Madras High Court, madurai.

Copy to:- The AdditionalDirector General of Police, Economic offences Wing,Guindy, Chennai.

Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.P.NARAYANA KUMAR, Advocate (SR-105501) 02/01/2020 ORDER DATED : 02/01/2020 ==========================

ORDER

========================== Giving direction and etc.

as stated within.

SDS(07.01.2020) 4P-10C 4/4