Madras High Court
Muruganantham vs The District Manager on 6 January, 2022
W.P.(MD).No.20584 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.01.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD).No.20584 of 2021
and
W.M.P(MD)Nos.17224 and 17225 of 2021
Muruganantham ... Petitioner
Vs.
1.The District Manager,
(TASMAC),
Tamil Nadu State Marketing Corporation Ltd,
Ramanathapuram District,
Ramanathapuram.
2.The Sub-Registrar,
R.S.Mangalam Registration Office,
Ramanathapuram District.
3.The Tahsildar,
Thiruvadanai Taluk,
Ramanathapuram District.
4.The Inspector of Police,
District Crime Bench,
Ramanathapuram. ... Respondents
(R4 is Suo Motu impleaded vide Court Order dated 14.12.2021 in
W.P(MD)No.20584 of 2021.)
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20584 of 2021
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari, to call for the records relating
to the auction notice in Na.Ka.A4/0726/2017 dated 19.07.2021 on the file of
the 1st respondent and quash the same.
For Petitioner : Mr.V.Kannan
For R-1 : Mr.S.Ramakrishnan
for Mr.B.Jameel Arasu
For R-2 to R-4 : Mr.S.Kameswaran
Government Advocate
ORDER
Heard Mr.V.Kannan, learned counsel for the petitioner and
Mr.S.Ramakrishnan, learned counsel for the first respondent and
Mr.S.Kameswaran, learned Government Advocate, for respondents 2 to 4.
2. This Writ Petition has been filed in the nature of Certiorari
calling for the records relating to the auction notice in Na.Ka.A4/0726/2017
dated 19.07.2021 on the file of the first respondent/the District Manager,
(TASMAC), Ramanathapuram District.
3. The petitioner was working as a sales man in the TASMAC
shop since 2003. In 2014, there was an inspection conducted at Shop No.7032
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W.P.(MD).No.20584 of 2021
where he was working. It was found during enquiry, that there was a shortage
of Rs.2,200/- (Rupees Two Thousand Two Hundred only) from the amount due
to TASMAC. There was an another sales person, Murugan, who was also
suspended. The petitioner was also issued with a suspension order on
19.07.2014. Thereafter, a notice was issued raising allegations of shortage of
cash payable to TASMAC to the tune of Rs.11,52,790/- (Rupees Eleven Lakhs
Fifty Two Thousand and Seven Hundred and Ninety only) and causing loss to
the Government and misappropriation of amounts due to the Government and
failure to perform duties as required under the contracts.
4. Further, a First Information Report in Crime No.41 of 2014 had
also been registered under Sections 409 and 420 of IPC by the District Crime
Branch, Ramanathapuram. The petitioner was shown as the third accused. The
petitioner sought Anticipatory Bail. The petitioner was directed to pay a sum of
Rs.2,00,000/- (Rupees Two Lakhs only) as a condition for grant of such relief.
5. In the meanwhile, the first respondent issued the present notice
directing that the property of the petitioner to be brought on auction to cover
the loss amount. Learned counsel objected to the said notice on the ground that
the petitioner was not directly involved in the offence and it was the other two
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W.P.(MD).No.20584 of 2021
accused who were responsible for the misappropriation and the contribution of
the petitioner if at all the amount of Rs.11,00,000/- (Rupees Eleven Lakhs) is
divided by three would only around Rs.3,00,000/- and odd and since he had
already paid a sum of Rs.2,00,000/- (Rupees Two Lakhs only), he is liable only
to pay the balance amount only. This in effect means that the petitioner has
admitted misappropriation. He has admitted that he is liable to pay 1/3rd of the
misappropriated amount. Whether he is liable to pay the 1/3rd amount alone or
the entire amount are issues of fact which can only be established during the
course of trial.
6. Sections 409 IPC relating to Criminal Breach of Trust by a
public servant would be attracted even if in the morning, a public servant takes
public money and instead of keeping it in the official drawer, puts it in his pant
pocket and then replaces it in the evening. This act would also amount to
misappropriation.
7. The petitioner has been charged with misappropriation of
amount. It is a serious offence. The money has to be recovered. Even
otherwise under Criminal Law Amendment Ordinance 1994, attachment of
property can be effected on conviction of a person who is convicted of such
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W.P.(MD).No.20584 of 2021
offence. Whether the petitioner is actually convicted or acquitted would be
known only at the conclusion of trial. As on date, the fate of the petitioner lies
in the course of the trial which is ongoing before the concerned Judicial
Magistrate Court at Ramanathapuram. If the petitioner seeks the property to be
released, his relief lies only with the concerned Magistrate who can pass such
orders only on conclusion of trial and depending on the nature of the judgment
to be passed.
8. I am not prepared to interfere with the impugned order. There
has got to be security provided for amount misappropriated and the first
respondent had issued an auction notice only for that purpose. Learned counsel
for the petitioner stated that the first respondent has no such right. But
however, as the institution from which the amount has been misappropriated,
every right is vested with the first respondent to ensure that the amount is
recovered. This is one of the steps taken. Therefore, I am not prepared to
interfere with the impugned order.
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W.P.(MD).No.20584 of 2021
9. Accordingly, this Writ Petition is dismissed. There shall be no
order as to costs. Consequently, connected miscellaneous petitions are closed.
06.01.2022
Index : Yes / No
Internet : Yes/ No
Nsr
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The District Manager,
(TASMAC),
Tamil Nadu State Marketing Corporation Ltd,
Ramanathapuram District,
Ramanathapuram.
2.The Sub-Registrar,
R.S.Mangalam Registration Office,
Ramanathapuram District.
3.The Tahsildar,
Thiruvadanai Taluk,
Ramanathapuram District.
4.The Inspector of Police,
District Crime Bench,
Ramanathapuram.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20584 of 2021
C.V.KARTHIKEYAN, J.
Nsr
W.P.(MD).No.20584 of 2021
06.01.2022
https://www.mhc.tn.gov.in/judis
