Madras High Court
K.Selvaraj vs The Secretary on 6 September, 2022
W.P.No.23796 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2022
CORAM
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.23796 of 2022
K.Selvaraj ... Petitioner
Vs.
1. The Secretary,
Represented by its Government,
Home (Police XIX) Department,
St.George Fort, Chennai.
2. The Additional Director General of Police,
Economic Offence Wing,
Police Training School, Ashok Nagar, Chennai.
3. The Superintendent of Police,
Economic Offence Wing,
Police Training School, Ashok Nagar, Chennai.
4. The Competent Authority,
District Revenue Officer, Salem.
5. The Deputy Superintendent of Police,
Economic Offence Wing (EOW-II),
Salem. ... Respondents
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.23796 of 2022
Prayer: Writ Petition filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus, directing the first
respondent to raise petitioner's property by issuing fresh Government
Order, in the light of the order passed in C.C.No.29 of 2014 on the file of
TNPID Court, Coimbatore dated 29.11.2017 by considering the
petitioner's representation dated 21.07.2022 within stipulated time and
pass such other orders.
For Petitioner : Mr.M.Dinesh
For R1 to R5 : Mr.S.Santhosh
Government Advocate (Crl.Side)
ORDER
This petition has been filed for the issuance of Writ of
Mandamus, directing the first respondent to raise the petitioner's property
by issuing fresh Government Order, in the light of the order passed in
C.C.No.9 of 2014 on the file of TNPID Court, Coimbatore dated
29.11.2017 by considering the petitioner's representation dated
21.07.2022 within stipulated time
2. Heard both sides.
3. It is seen that the petitioner is an accused in C.C.No.9 of
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W.P.No.23796 of 2022
2014 charged for the offences under TNPID Act. While pending Trial,
the property belong to the petitioner was attached and also made absolute
by an order dated 16.06.2016 in O.A.No.17 of 2016. However, all other
accused persons were acquitted by the Trial Court by the Judgment dated
29.11.2017 in C.C.No.9 of 2014. In pursuant to the acquittal, the
petitioner made an application in O.A.No.7 of 2018 for raising the
attachment. The Trial Court allowed the petition by an order dated
28.01.2019 and thereby raised the attachment which was confirmed by
the Trial Court by an order dated 16.06.2016 in O.A.No.17 of 2016. Even
till today, the respondents did not file any appeal and order passed by the
Trial Court is final.
4. Therefore, the petitioner submitted a representation dated
21.07.2022 to pass appropriate Government Order in the light of the
order passed by the Trial Court, thereby raising the attachment in respect
of the petitioner's property. The said representation is still pending on the
file of the first respondent.
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W.P.No.23796 of 2022
5. Considering the above facts and circumstances of the case,
the first respondent is directed to pass appropriate orders on the
representation submitted by the petitioner dated 21.07.2022 in the light
of the order passed by the Trial Court, thereby raising the attachment in
respect of the petitioner's property, within a period of six weeks from the
date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of.
No costs.
06.09.2022
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
mn
To
1. The Secretary,
Home (Police XIX) Department,
St.George Fort, Chennai.
2. The Additional Director General of Police,
Economic Offence Wing,
Police Training School, Ashok Nagar, Chennai.
3. The Superintendent of Police,
Economic Offence Wing,
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W.P.No.23796 of 2022
Police Training School, Ashok Nagar, Chennai.
4. The Competent Authority,
District Revenue Officer, Salem.
5. The Deputy Superintendent of Police,
Economic Offence Wing (EOW-II),
Salem.
6. The Public Prosecutor,
High Court, Madras.
G.K.ILANTHIRAIYAN, J.
https://www.mhc.tn.gov.in/judis
W.P.No.23796 of 2022
mn
W.P.No.23796 of 2022
06.09.2022
https://www.mhc.tn.gov.in/judis
