P.Sivakumar v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Sivakumar ... Petitioner Vs.
1.The Superintendent of Police, Economic Office Wing - II, Ashok Nagar, Chennai.
2.The Deputy Superintendent of Police, Economic Office Wing -II, Karur District, Karur.
3.The Inspector of Police, Economic Office Wing -II, Karur, Karur District, Crime No.2 of 2025 4.The Sub Registrar, Tharagampatti Sub Registrar Office, 5.Navaladi 6.S.Ragupathi 7.J.Narayanasamy 1/8
8.The District Revenue Officer, ... Respondents (R5 - R7 are impleaded as per order of this Court dated 28.01.2026 in W.M.P.Crl.(MD)Nos.29 & 80 of 2026) (R8 is suo motu impleaded by this Court vide order dated 24.03.2026) PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to consider the Petitioner's representation dated 13.11.2025 and directing the 2nd respondent to gave no objection to execute the sale deed in favour of the above depositors the land situated in Keelpakuthi Village in S.F.No.149/2B, 2A, 149/2B, 2B & 6 and Sempiyanathan Village in S.F.No.1224 and 1225. For Petitioner : Mr.K.Govindarajan for Mr.R.Mathiyalagan For R1 - R3 : Mr.S.Ravi Additional Public Prosecutor For R4 & R8 : Mr.M.Muthumanikkam Government Advocate(Civil) For R5 & R6 : Mr.N.Anandha Padmanaban for J.Nandhakumar For R7 : Mr.T.Antony Arulraj
ORDER
Seeking to direct the respondents 1 to 3 to consider the petitioner's representation dated 13.11.2025 and further to direct the 2nd respondent to give no objection to execute the sale deed in favour of the depositors with respect to 2/8
the land situated in Keelpakuthi Village in S.F.No.149/2B, 2A, 149/2B, 2B & 6 and Sempiyanathan Village in S.F.No.1224 and 1225, this writ petition is filed.
2. The learned counsel for the petitioner submitted that the petitioner and many others have deposited huge amounts in Shri Vari Finance, Shri Anamalai Auto Finance, Shri Thai Mukambigai Auto Finance and Shri Thai Mukambigai Credits and they were later defrauded. Following which, Crime No.2 of 2025 for the offences punishable under Sections 316 (2), 318 (4) and 61(2) of BNS and Section 5 of TNPID Act has been registered as against the 6th respondent and 47 others. Following which, a compromise has been arrived between the various depositors and the accused persons, in which several properties have already been brought to sale and as many as 17 depositors were already settled to a tune of Rs.1.5 Crores. For the purpose of settling the other depositors including the petitioner, a sale deed is likely to be executed by the 5th and 6th respondents in favour of the petitioner and 45 others. The same is hindered by the 7th respondent. Hence, this petition.
3. The learned Senior Counsel appearing for the 5th and 6th respondents submitted that he had purchased a property from the 7th respondent's mother in the year 2018 by paying proper sale consideration and title has also been 3/8
perfected by effecting mutation. Now, the vendor has also passed away. After the death of the 7th respondent's mother, the 7th respondent had taken a U turn claiming that the sale was sham and was without sale consideration and the same was given only for security purpose while availing a loan to a tune of Rs.2 Crores and 15 Lakhs. Hence, he raises serious objection for execution of sale deed by 5th and 6th respondents in favour of the petitioner and others.
4. The learned Additional Public Prosecutor submitted that already the 3rd respondent Police has identified the subject properties of this writ petition and many other properties and the 3rd respondent Police had also sent proper communication to the Sub registry preventing any kind of encumbrance over the said properties pending disposal of the TNPID case.
5. It is a plight of the 7th respondent that with respect to a property which was given as security by execution of sale deed by his Mother for obtaining a loan of Rs.2 Crores and 15 Lakhs, now the 5th and 6th respondents have joined hand in glove with the petitioner and others and are trying to defeat his right over the subject property mentioned in this writ petition. He also reserves his right to file a separate civil suit in this regard and sought the indulgence of this Court by dismissal of the writ petition.
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6. Heard the learned counsel on either side and carefully perused the materials available on record.
7. The learned counsel for the petitioner drew my attention to Section 5A of the TNPID Act and submitted that the offenses under the said Act are compoundable even before the institution of the prosecution or after the institution of the prosecution, with the permission of the Special Court, on payment of the entire amount due to the depositors with or without interest. A careful reading of the said provision in Section 5A of the TNPID Act would make it clear that compounding of offence is punishable even before the institution of the prosecution. As rightly pointed out by the learned Additional Public Prosecutor, the case is in the stage of First Information Report and the investigation is pending and hence, the competent authority for deciding with respect to compounding of offence vest with the jurisdictional District Revenue Officer.
In this regard, the District Revenue Officer, Karur District is suo motu impleaded as 8th respondent. The respondents 1 to 3 are directed to forward the representation made by the petitioner dated 13.11.2025 to the 8th respondent.
to the petitioner and the respondents 5 to 7, is directed to pass appropriate orders on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of copy of this order.
8. With the above directions, this Writ Petition stands disposed of. No costs.
24.03.2026 NCC : Yes / No Index : Yes / No gbg TO:- 1.The Superintendent of Police, Economic Office Wing - II, Ashok Nagar, Chennai.
2.The Deputy Superintendent of Police, Economic Office Wing -II, Karur District, Karur.
3.The Inspector of Police, Economic Office Wing -II, Karur, 4.The Sub Registrar, Tharagampatti Sub Registrar Office, 6/8
5.The District Revenue Officer, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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L.VICTORIA GOWRI, J.
gbg Order made in Dated 24.03.2026 8/8