Madras High Court
N.Perumal vs The Additional Chief Secretary on 28 October, 2022
W.P(MD)No.23041 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.23041 of 2022
N.Perumal
: Petitioner
Vs
1. The Additional Chief Secretary
to the State of Tamil Nadu,
Home (Police XIX) Department,
Secretariat,
Chennai - 9
2. The Competent Authority /
District Revenue Officer,
Trichirappalli.
3. The Deputy Superintendent Of Police,
Economic Offence Wing - II,
Trichirappalli,
Crime No.5/2011.
: Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
raise the order of attachment in G.O.Ms.No.983, Home (Police XIX) dated
24.12.2012, confirming by the order passed in O.A.No.2 of 2013, dated
17.05.2016, on the file of the Special Court under TNPID Act cases, Madurai,
pursuant to the representation of the petitioner, dated 19.05.2022, in the light of
the order in I.A No.71 of 2021 in O.A.No.2 of 2013, dated 07.03.2022, on the
https://www.mhc.tn.gov.in/judis
1/6
W.P(MD)No.23041 of 2022
file of the Special Court under TNPID Act cases, Madurai.
For Petitioner : Mr.V.Illanchezian
For R1 & R2 : Mr.A.Kannan
Additional Government Pleader
For R3 : Mr.B.Thanga Aravindh
Government Advocate (Crl.Side)
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus,
directing the respondents to raise the order of attachment in G.O.Ms.No.983,
Home (Police XIX) dated 24.12.2012, confirming the order passed in O.A.No.2
of 2013, dated 17.05.2016, on the file of the Special Court under TNPID Act
cases, Madurai, pursuant to the representation of the petitioner, dated
19.05.2022, in the light of the order in I.A No.71 of 2021 in O.A.No.2 of 2013,
dated 07.03.2022, on the file of the Special Court under TNPID Act cases,
Madurai.
2. The case of the petitioner is that the third respondent police has
registered a case against the petitioner and seven others in Crime No.5 of 2011
for the offences under Sections 406, 420, 120(b) of I.P.C. r/w. Section 5 of
TNPPDL Act and investigated the case and filed a final report and the same was
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23041 of 2022
taken on file in C.C.No.16 of 2013 on the file of the Special Court under
TNPDL Act, Madurai. After the order of temporary attachment made by the
Government, the second respondent has filed O.A.No.2 of 2013 and on
17.05.2016, the Special Court under TNPID Act Cases, Madurai had confirmed
the order of attachment and attachment was made absolute. The accused has
filed Crl.M.P.No.635 of 2021 before the trial Court to permit the accused to
compound the offence before the competent authority. All the accused had
compounded the offence before the second respondent and on 26.08.2021, the
second respondent has also sent a report of compounding the offence by the
accused.
3. On 31.08.2021, the trial Court had passed the judgment in C.C.No.16
of 2013 and all the accused have been acquitted. Thereafter, the petitioner has
filed an application in I.A.No.71 of 2021 in O.A.No.2 of 2013 to raise the order
of attachment. On 17.03.2022, the trial Court has allowed this petition.
Thereafter, the petitioner has made a representation to the first respondent on
19.05.2022, enclosing the copies of the above said order and requested to raise
the order of attachment passed in G.O.Ms.No.983, Home (Police XIX)
Department, dated 24.12.2012. On receipt of the representation, the
respondents have not passed any order to raise the order of attachment, in the
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23041 of 2022
light of the judgment passed by the trial Court. Hence, the present writ petition
has been filed.
4. The learned Government Advocate (Crl.side) appearing for the third
respondent has produced the status report filed by the third respondent and
submitted that the competent authority had written a letter to the Additional
Chief Secretary, (Pol XIX) Home Department, Chennai regarding raising of the
properties attached in G.O.(Ms.)No.983 and awaiting orders for releasing the
property. Paragraph No.5 of the said status report reads as follows:
“5. It is humbly submitted that M/s. Ayxoo Inc, M/s. Silicon
Technology and N.Perumal filed a petition to raise the attachment
in I.A.No.71/2021 in O.A.No.02/2013 before the Hon'ble Special
Court for TNPID Act cases, Madurai praying to raise the
attempting made in O.A.No.2/2013. Based on the status report filed
by the competent authority stating that the offence was
compounded by the accused and the amount of the depositors were
settled, the petition is allowed on 07.03.2022, stating that “this
petition is allowed and the order of attachment made in O.A.
02/2013, informing G.O.Ms.No.983, Home (Police XIX)
Department is hereby raised.”
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23041 of 2022
5. In view of the above, this Court directs the first respondent to raise the
order of attachment in G.O.Ms.No.983, Home (Police XIX) dated 24.12.2012,
and pass appropriate order, based on the order passed by the TNPID Court,
within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
28.10.2022
akv
To
1. The Additional Chief Secretary
to the State of Tamil Nadu,
Home (Police XIX) Department,
Secretariat,
Chennai - 9
2. The Competent Authority /
District Revenue Officer,
Trichirappalli.
3. The Deputy Superintendent Of Police,
Economic Offence Wing - II,
Trichirappalli,
Crime No.5/2011.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23041 of 2022
V.BHAVANI SUBBAROYAN, J.
akv
W.P.(MD)No.23041 of 2022
28.10.2022
https://www.mhc.tn.gov.in/judis
