Madras High Court
R.Ramanathan vs The Sub Registrar on 28 June, 2022
W.P.(MD)No.14795 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.06.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.14795 of 2021
and
W.M.P.(MD)Nos.11699 & 11701 of 2021
R.Ramanathan ... Petitioner
Vs.
1.The Sub Registrar,
Melakarur,
Karur District.
2.The Inspector of Police,
Economical Offence Wing,
Karur,
Karur District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, to call for the records
relating to the impugned proceedings of the second respondent in
Na.Ka.No.15/INSPR/EOW/KRR/2020, dated 18.02.2020 and to quash
the same as illegal and without jurisdiction and consequently direct the
first respondent to register the judgment and decree passed in O.S.No.
101 of 2020, dated 10.11.2020 on the file of the Principal District Court,
Karur submitted by the petitioner.
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.14795 of 2021
For Petitioner : Mr.B.Saravanan
For Respondents : Mr.J.K.Jayaseelan
Government Advocate
ORDER
Heard the learned counsel on either side.
2. The petitioner is figuring as 3rd defendant in O.S.No.424 of
2000 on the file of the Sub Court, Karur. By judgment and decree dated
20.12.2020, the property in question was allotted to the petitioner's share.
The petitioner's children filed O.S.No.101 of 2020 on the file of the
Principal District Court, Karur claiming share in the said property. The
petitioner figured as first defendant. A compromise decree was passed on
10.11.2020. 2/3rd share in the petition mentioned property was allotted
to the petitioner's children. The said compromise decree was presented
before the first respondent for registration. The first respondent declined
to register the compromise decree in view of the impugned
communication sent by the second respondent. It is relevant to note here
that the petitioner is figuring as an accused in Crime No.1 of 2020
registered on the file of the Karur Police Station, Economic Offence
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.14795 of 2021
Wing for the offences under Sections 406, 420, 120 B of IPC r/w Section
5 of Tamil Nadu Protection of Interest of Depositors (In Financial
Establishment) Act, 1997. The second respondent wanted the first
respondent to decline to register the document in question presented by
the petitioner. Challenging the same, this Writ Petition has been filed.
3. It is beyond dispute that the second respondent has no
jurisdiction to issue the impugned communication. As per the statutory
scheme set out in TNPID Act, based on the proposal to be submitted by
the competent authority, the Government must issue G.O. for attaching
the properties of the accused.
4. The petitioner's counsel would remark that only those properties
that were purchased or obtained out of the deposits taken from the
depositors alone can be attached. The property in question is said to be
an ancestral property. Be that as it may, since the second respondent has
no authority in law to restrain the first respondent from registering the
document, the impugned communication stands quashed. The matter
cannot end there.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.14795 of 2021
5. Sri Nithi Capitals, Sri Navanithi Finance & Sri Navanithi Credit
are the financial establishments in which the petitioner had a role to play.
The said financial establishments had committed default.
6. The learned Government Advocate would state that as many as
55 depositors had lost their valuable earnings to the tune of few crores of
rupees. It is stated that even though the final report was filed by the
second respondent, the Special Court declined to receive the same. As
per Rule 25 of the Criminal Rules of Practice, 2019, final report cannot
be returned.
7. Therefore, the second respondent is directed to re-present the
final report after rectifying the defects pointed out by the Court within a
period of four weeks from the date of receipt of a copy of this order.
There upon, the jurisdictional speical court shall take cognizance. The
Special Court will also endeavor to conclude the trial as early as possible.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.14795 of 2021
8. The Writ Petition is allowed. No costs. Consequently,
connected miscellaneous petitions are closed.
28.06.2022
Index : Yes / No
Internet : Yes/ No
rmi
NOTE: Registry to mark a copy of this order to the Special Court
for TNPID Act cases, Karur.
To
1.The Sub Registrar,
Melakarur,
Karur District.
2.The Inspector of Police,
Economical Offence Wing,
Karur,
Karur District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.14795 of 2021
G.R.SWAMINATHAN,J.
rmi
W.P.(MD)No.14795 of 2021
and
W.M.P.(MD)Nos.11699 & 11701 of 2021
28.06.2022
https://www.mhc.tn.gov.in/judis
