N.Subramani vs The District Revenue Officer
2023 Latest Caselaw 8254 Mad

                                                                                 W.P.No.19606 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 13.07.2023

                                                        CORAM

                                            MR.JUSTICE N.SESHASAYEE

                                                  W.P.No.19606 of 2023

                  1.N.Subramani

                  2.P.K.Veerasamy                                                    ... Petitioners
                                                          Vs.


                  The District Revenue Officer,
                  Erode District.                                        ... Respondent
                  PRAYER: The writ petition filed under Article 226 of the Constitution of
                  India, to issue a writ of Mandamus, directing the respondent to consider the
                  petitioner's representation dated 18.05.2023 to disperse the petitioner's
                  deposit amount with reasonable interest within a stipulated time period.
                                    For Petitioners   : Mr.J.Rajmohan

                                    For Respondents   : Mr.C.Kathiravan
                                                        Special Government Pleader

                                                        ORDER

By consent, this writ petition is taken up for final disposal at the admission

stage itself.

https://www.mhc.tn.gov.in/judis W.P.No.19606 of 2023

2.The petition has been filed by two depositors who appeared before the

TNPID Court and were identified as P.W.1 and P.W.50 in C.C.No.3 of 2016.

The case has been disposed off by the learned Special Judge, TNPID Court,

Coimbatore vide judgment dated 19.12.2022. In Paragraph 47 of the

judgment, the District Judge recorded that the 2nd and 3rd defendants therein

had settled all the claims except for a few depositors, namely P.W.1,

P.W.50, P.W.64, P.W.65, P.W.66, P.W.78, P.W.83, P.W.140, P.W.154 and

P.W.158, who did not come forward for compounding the finance.

Defendants 2 and 3 made a total deposit of Rs.1,80,49,000/- which included

a principal amount of Rs.1,50,49,000/- and the remaining balance was for

interest. This is the current situation.

3.The petitioners before this Court are P.W.1 and P.W.50 in C.C.No.3 of

2016. Their grievance is that the respondent has not disbursed the amount

due to them.

4.Today, Mr.C.Kathiravan, the learned Special Government Pleader

https://www.mhc.tn.gov.in/judis W.P.No.19606 of 2023

appearing for the respondent, submitted, based on instructions, that the

learned Special Judge, TNPID Court, Coimbatore, in his judgment in

C.C.No.3 of 2016, directed A2 and A3 to file the necessary application to

transfer Rs.1,80,49,000/- to the District Revenue Officer / respondent, but

this amount has not been received by the DRO.

5.This Court now directs the Sub Court under the TNPID Act, Coimbatore

to transfer the current deposit of Rs.1,80,49,000/- in C.C.No.3 of 2016 to the

respondent, along with a list of depositors to whom the amounts should be

disbursed by the RDO.

6.Once the amounts are transfered, the Sub Court is required to inform not

only the present petitioners but also all the ten depositors who refused to

compound the finance. The petitioners are required to approach the DRO

once they receive intimation from the Sub Court under the TNPID Act as

indicated above.

N.SESHASAYEE, J.

https://www.mhc.tn.gov.in/judis W.P.No.19606 of 2023

Anu

7.This writ petition is accordingly disposed of with the above directions. No

Costs.

13.07.2023 (1/2) Anu Index : Yes / No Neutral citation : yes/no

To

1.The District Revenue Officer, Erode District.

2.The Special Judge, TNPID Court, Coimbatore.

W.P.No.19606 of 2023

https://www.mhc.tn.gov.in/judis