Theni District Astronio Investors Welfare Association v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.(MD)Nos.31240, 28880 and 29421 to 29426 of 2024 Theni District Astronio Investors Welfare Association, Rep.by its President, R.Ramachandran, S/o.Ramakrishnan, 389-70/5, Near Lakshmipuram Library, Periyakulam Taluk, Theni District.
... Petitioner in W.P.(MD)No.31240 of 2024 P.A.Sivadharshini ... Petitioner in W.P.(MD)No.28880 of 2024 Kamaladevi ... Petitioner in W.P.(MD)No.29421 of 2024 Mangaladevi ... Petitioner in W.P.(MD)No.29422 of 2024 Bagheerathi Nyayagi ... Petitioner in W.P.(MD)No.29423 of 2024 Sornammal ... Petitioner in W.P.(MD)No.29424 of 2024 Jothimaran ... Petitioner in W.P.(MD)No.29425 of 2024 Enoch Raj ... Petitioner in W.P.(MD)No.29426 of 2024 1/8
Vs 1.The State of Tamil Nadu Rep by its The Secretary, Home Department, Fort St.Geroge, Chennai-600 009.
2.The District Revenue Officer, Madurai District, Madurai.
3.The Inspector General of Police, Economic Offences Wing, Anna Nagar, Chennai.
4.The Superintendent of Police, Police Training College Campus, Ashok Nagar, Chennai.
5.The Deputy Superintendent of Police, No.4/425A, Sankarapandiyan Nagar, Park Town, Tapal Thanthi Nagar Extension, 6.The Inspector of Police, No.4/425A, Sanakarapandiyan Nagar, Park Town, Tapal Thanthi Nagar Extension, .. Respondents in W.P.(MD)No.
31240/2024 1.The Additional Director General of Police, Chennai.
2.The Deputy Superintendent of Police, Madurai-652 017.
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3.The Inspector of Police,
...Respondents in W.P.(MD)Nos.
28880, 29421 to 29426 of 2024 PRAYER W.P.(MD)No.31240 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying to issue writ of Mandamus, to direct the respondents to make necessary arrangement to attach the properties in Crime No.3/2023, dated 20.06.2023 on the file of the 5th respondent police, which were in the names of the company and its directors, agents and binami of the companies and the directors and agents, which were bought out of the companies' income by getting investment from the public, by considering the petitioner's society's representation dated 29.11.2024.
COMMON PRAYER in W.P.(MD)No. 28880, 29421 to 29426 of 2024: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue writ of Mandamus, to direct the respondents to attach the properties of the accused mentioned in representation of the petitioner dated 28.10.2024 and 22.10.2024, respectively forthwith in pursuit to the investigation in case in Crime No.3/2023 on the file of the third respondent by considering the representation of the petitioner dated 22.10.2024, 28.10.2024 within the time stipulated by this Court. In W.P.(MD)No.31240 of 2024:
For Petitioner : Mr.K.Ganesamoorthi For R3 to R9 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 3/8
In W.P.(MD)Nos.29421 to 29426 of 2024:
For Petitioners : Mr.S.Jai Surya Prakash For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor In W.P.(MD)No.28880 of 2024:
For Petitioner : Mr.P.Praveen Kumar For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor COMMON ORDER The petitioners in all these writ petitions are the victims of the fraud played by Neomax Private Limited and its group of companies. The petitioners invested huge sum of amount in that company, but the company had purchased the properties in its name and its Directors and also in the name of its benami. Some of the properties are identified in Madurai, Virudhunagar and Tuticorin District. The petitioners on the apprehension that due to the slackness on the part of the Economic Offence Wing, the properties might be diverted to some other third parties and by the vested interest and the entire depositors will lose their money, sent representations dated 22.10.2024, 28.10.2024 and 29.11.2024 to attach the properties. However, no steps have been taken on the same. Hence, the petitioners have filed these writ petitions. 4/8
2.The learned Additional Public Prosecutor appearing for the respondent police submits that the Economic Offence Wing is taking all necessary steps to attach the properties relating to Neomax and its groups of companies, as and when a representation is received by them. As regards the representations of the petitioners are concerned, the Economic Offence Wing is collecting details from the respective Registration Offices and appropriate steps will be taken soon to attach the properties mentioned by the petitioners to safeguard the interest of the depositors. 3.
In view of the above submission, this Court directs the Deputy Superintendent of Police, Economic Offences Wing, Madurai to take appropriate steps on the representations submitted by the petitioners in all these writ petitions preferably within a period of four months from the date of receipt of a copy of this order. The Additional Director General of Police, Economic Offence Wing, Chennai is directed to monitor the progress of the case and ensure that steps are taken by the Deputy Superintendent of Police to attach the properties of the Neomax and its group of companies.
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4.With the above direction, these writ petitions are disposed of. No costs.
06.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ta To 1.The District Revenue Officer, Madurai District, Madurai.
2.The Inspector General of Police, Economic Offences Wing, Anna Nagar, Chennai.
3.The Superintendent of Police, Police Training College Campus, Ashok Nagar, Chennai.
4.The Deputy Superintendent of Police, No.4/425A, Sankarapandiyan Nagar, Park Town, Tapal Thanthi Nagar Extension, 5.The Inspector of Police, No.4/425A, Sanakarapandiyan Nagar, Park Town, Tapal Thanthi Nagar Extension, 6/8
6.The Additional Director General of Police, Chennai.
7.The Inspector of Police, 8.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 7/8
M.NIRMAL KUMAR,J.
ta W.P.(MD)Nos.31240, 28880 and 29421 to 29426 of 2024 06.01.2025 8/8