Madras High Court
G. Devarajan vs Government Of Tamil Nadu on 4 October, 2021
1 W.P. No.21285 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2021
CORAM:
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P. No.21285 of 2021
G. Devarajan ... Petitioner
-Vs-
1. Government of Tamil Nadu,
Rep. by Principal Secretary to Government
Home (Police) Department,
Secretariat, Chennai -9
2 The Sub-Registrar
(in the grade of District Registrar Sub-
Registrar's Office)
No. 57, Second Street,
Kamaraj Avenue, Adyar, Chennai-20.
3. India Bulls financial Services Ltd,
Rep. by its authorized Officer,
First Floor, Apex Chamber,
No. 20, Sir Theagenager Road,
T.Nagar, Chennai-17.
4. The District Revenue Officer,
Chennai -1 ... Respondents
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2 W.P. No.21285 of 2021
PRAYER: This Petition is filed under Article 226 of the Constitution of
India, praying for the issue a Writ of certiorarified Mandamus or any
other appropriate Writ, direction or order in the nature of a writ, calling
for the records of the 2nd respondent relating to his order in letter No.
572 of 2021 dated 19.07.2021, to quash the same and to issue
consequential directions to the 2nd Respondent to implement the order
dated 30.10.2018 of the Special Court for TNPID Act 1997, Chennai
104, in I.A No. 62 of 2011 in O.A.No. 85 of 2010 by deleting the existing
entry in the Encumbrance Certificate relating to Doc. No 4458 of 1992 or
in the attachment ordered by the Special Court and pass orders
accordingly.
For Petitioner :: Mr. D. Raja
(For M/s. G. Punniakoti)
For Respondents 1, 2, & 4 :: Mr.V. Veluchamy
(Government Advocate)
For Respondent-3 :: No Appearance
*****
ORDER
This Writ petition has been filed for the issue a Writ of
certiorarified Mandamus or any other appropriate Writ, direction or order
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in the nature of a writ, calling for the records of the 2nd respondent
relating to his order in letter No. 572 of 2021 dated 19.07.2021, to quash
the same and to issue consequential directions to the 2nd Respondent to
implement the order dated 30.10.2018 of the Special Court for TNPID
Act 1997, Chennai 104, in I.A No. 62 of 2011 in O.A.No.85 of 2010 by
deleting the existing entry in the Encumbrance Certificate relating to
Doc. No 4458 of 1992 or in the attachment ordered by the Special Court
and pass orders accordingly.
2. The learned counsel for the petitioner would submit that on the
basis of complaints received from a number of depositors that M/s.
Suprabath Chits and Investments (P) Ltd and its sister concerns namely,
1. M/s. Balaji Hire purchase (P) Ltd, 2. M/s. Krishna Finance, Chennai
had defaulted in the return of deposits made by them after maturity, the
Government of Tamil Nadu in exercise of its powers conferred by
Section 3 of the Tamil Nadu Protection of Depositors (in Financial
Establishments) Act 1997 (Tamil Nadu Act., 44 of 1997), the
Government of Tamil Nadu in and by G.O. Ms. No.215, Home (Police
XIX) Department, dated 23.02.2010 passed an interim order attaching the
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cash and other immovable properties of Thiru.K.Kannan @Babu
Managing Director and others of the above financial institution and the
properties of Thiru.T. Kannappan. Director of the said financial
establishment and appointed the District Revenue officer, Chennai, as
competent Authority to take over control of the said cash and other
properties, mentioned in schedules I and II to the said order.
3. It has been further stated by the learned counsel for the
petitioner that in schedule II, in item No.24, the property of 1664 Sq Ft.
in Kalikundram Village in T.S No. 9 (Part) house in Block 15, purchased
by the petitioner herein under sale deed Document No.4458 of 1992
dated 23.11.1992 on the file of the SRO, Adyar from one T.S.
Panchapagesan, is also mentioned in the order of the Government.
Further, in the Encumbrance certificate which has been issued by the Sub
Registrar, Adyar, Chennai-20, it has been mentioned that the said
property has been attached under TNPID Act 1997. In this regard, M/s.
India Bulls Financial services Ltd, rep by its Authorised officer, Mr.
R. Inbasekaran has filed I.A No.62 of 2011 in O.A. No.85 of 2010 before
the Special Court under TNPID Act 1997 Chennai 104 for raising the
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attachment of the said property made in G.O. Ms. 215, Home
(PoliceXIX) department dated 23.02.2010 in so far as second Asset
Mentioned in Serial No.24. After enquiry, the Special Court by order
dated 30.10.2018 allowed the aforesaid petition and against which no
appeal has been filed so far and the order of the Special Court has
become final.
4. The learned counsel for the petitioner would further submit that
the 2nd respondent herein who made entries in the remarks column of
Encumbrance certificate relating to the aforesaid property as having been
attached Under TNPID Act 1997 is bound to delete the existing remarks
or make entry about the raising the said attachment as per the order dated
30.10.2018 in I.A No. 62/2011 in OA No. 85/2010 passed by the Special
Court under TNPID Act 1997, Chennai 104. As the 2nd respondent failed
to act as such, the petitioner has made representation dated 07.07.2021 to
the 2nd respondent to delete the remarks made in the Encumbrance
Certificate about the attachment of the aforesaid property.
5. It has been further submitted by the learned counsel for the
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petitioner that after receiving the representation of the petitioner, the 2nd
respondent by its letter No.572/2021 dated 19.07.2021 informed him that
there is no provision in the Registration Act to delete the remarks made
in the Encumbrance Certificate relating to Document No.4458 of 1992.
Hence, the petitioner is left with no other option except to approach this
Hon'ble Court by invoking its jurisdiction under Article 226 of
Constitution of India for issuance of Writ of Certiorarified Mandamus
calling for the records of the 2nd respondent relating to Letter
No.572/2021 dated 19.07.2021 and to quash the same.
6. The learned Government Advocate appearing for the
respondents 1, 2 & 4 would submit that the petitioner is seeking for
remedy based on the order dated 30.10.2018 passed by the Special Court
in I.A. No.62 of 2011 in O.A. No.85 of 2010 for deleting the existing
entry in the Encumbrance Certificate relating to Document No.4458 of
1992. As there is no appeal has been filed against the aforesaid order, the
order of the Special Court has become final. Hence, the 2nd respondent
may be directed to raise the attachment of the aforesaid property in the
Encumbrance Certificate as per the order of the Special Court for TNPID
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Act, 1997.
7. Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondents 1, 2 & 4 as well as perused the
materials available on record.
8. Having considered the facts and circumstances of the case and
submissions made by the learned counsel for both sides, as it is only a
prayer of the petitioner to delete the existing entry in the Encumbrance
Certificate, this Court directs the 2nd respondent to incorporate the
details of the order dated 30.10.2018 passed by the Special Judge in I.A.
No.62 of 2011 in O.A. No.85 of 2010 in the remarks column of
Encumbrance Certificate relating to Document No.4458/1992 since the
Special Judge has already passed the order dated 30.10.2018 relying
upon the Judgment of this Court in CDJ Law Journal in "R. Sampath
Kumar and Another Vs. The Inspector of Police, Economic Offence
Wing-II, Vellore and another" that the attachment passed against the Sl.
No.24 of the property in G.O.Ms.No.25 Home (Police XIX) Department
dated 23.02.2010 is raised.
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9. With the aforesaid directions, the Writ petition is disposed of
accordingly. Consequently, connected miscellaneous petition is closed if
any. There shall be no order as to costs.
04.10.2021
Lbm
Speaking order/Non-speaking order
Index : Yes/No
Internet: Yes/No
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To:
1. Government of Tamil Nadu,
Rep. by Principal Secretary to Government
Home (Police) Department,
Secretariat, Chennai -9
2 The Sub-Registrar
(in the grade of District Registrar Sub-
Registrar's Office)
No. 57, Second Street,
Kamaraj Avenue, Adyar, Chennai-20.
3. The District Revenue Officer,
Chennai -1
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V.BHAVANI SUBBAROYAN., J.
Lbm
W.P. No.21285 of 2021
https://www.mhc.tn.gov.in/judis
04.10.2021
https://www.mhc.tn.gov.in/judis
