Venkatesan S v. The Joint Director

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 04.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.27136 of 2025 S.Venkatesan ... Petitioner Vs.

1.The Joint Director, Enforcement Directorate, Chennai Zonal Office, 2nd and 3rd Floor, Murugesa Naicker Complex, No.84, Greams Road, Chennai - 600 006.

2.The Sub Registrar, Peraiyur Sub Registrar Office, Peraiyur, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to cancel the wrong attachment order against S.No. 338, instead of S.No.388/3, situated at Karaikeni Village, Peraiyur 1/6

Taluk, Madurai District, by considering the petitioner's representation dated 02.01.2023.

For Petitioner : Mr.S.Sades Kumar For Respondents : Mr.M.Lingadurai, Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for a direction to the respondents to cancel the wrong attachment order against S.No.338, instead of S.No.388/3, situated at Karaikeni Village, Peraiyur Taluk, Madurai District, by considering the petitioner's representation dated 02.01.2023.

2.The learned Counsel for the petitioner would submit that the petitioner's mother intended to settle the property standing in her name in S.No.388 in favour of the petitioner. When the petitioner and his mother approached the second respondent for executing the settlement deed, the same came to be refused by the second respondent citing the reason that the property in S.No.338 is under attachment in O.C.No.930 of 2018 dated 07.09.2018. In this regard, the petitioner has sent a representation to the respondents on 02.01.2023, seeking to cancel the wrong 2/6

attachment order against the subject property. Since the said representation remains unconsidered till date, the petitioner has come up with the present Writ Petition.

3.Learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner would be considered by the respondents in accordance with law, within a time frame to be fixed by this Court. 4.Considering the limited scope of the prayer sought for in this Writ Petition, this Court without going into the merits of the matter directs the first respondent to consider the petitioner's representation dated 02.01.2023. In the event if the representation of the petitioner is not available with the first respondent, the petitioner is at liberty to send a fresh representation to the first respondent within a period of one [1] week from the date of receipt of a copy of this order. On receipt of the said fresh representation, the first respondent shall consider the same and pass orders on merits and in accordance with law and after affording an opportunity of hearing to the petitioner, within a period of four [4] weeks from the date of receipt of a copy of the fresh representation.

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5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

04.12.2025 Index: Yes/No Internet: Yes/No MR 4/6

To 1.The Joint Director, Enforcement Directorate, Chennai Zonal Office, 2nd and 3rd Floor, Murugesa Naicker Complex, No.84, Greams Road, Chennai - 600 006.

2.The Sub Registrar, Peraiyur Sub Registrar Office, Peraiyur, Madurai District.

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KRISHNAN RAMASAMY, J.

MR W.P.(MD)No.27136 of 2025 04.12.2025 6/6