Madras High Court
C.Sathish vs The Principal Secretary To The ... on 24 July, 2023
W.P(MD)No.7364 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :24.07.2023
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL
W.P(MD)No.7364 of 2018
and
W.M.P(MD) No.7053 of 2018
C.Sathish ... Petitioner
-Vs-
1. The Principal Secretary to the Government
Government of Tamil Nadu,
Home (Police XIX) Department
Fort. St.George,
Chennai – 09
2. The Competent Authority and
District Revenue Officer,
Karur, Karur District.
3. The District Collector
Karur District, Karur
4. The Sub Registrar
Velayuthampalayam,
Karur District
5. The Inspector of Police
Economic Offence Wing -II,
Karur, Karur District ... Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7364 of 2018
PRAYER:- Writ Petition is filed under Article 226 of the Constitution
of India, praying for the issuance of a Writ of Certiorarified
Mandamus to call for the records pertaining to the impugned order
passed by the 1st respondent in G.O.Ms.No.141 Home (Police XIX)
Department, dated 04.03.2013 and quash the same and consequently
direct the respondents 3 and 4 to delete or to make necessary entries
in the registration records including encumbrances certificates by
removing the entry of attachment made on the basis of G.O.Ms.No.141
Home (Police XIX) Department, dated 04.03.2013 in respect of the
petitioner's property comprised in S.F.No.1145/2 to an extent of
0.13.5 Acres(1/2 share) and S.F. No.1146/1 to an extend of 0.09.5
Acres (½ share) total extent of 0.11.5 Acres at Punjaipugalur South
Village, Manmangalam Taluk ,Karur District.
For Petitioner : Mr.R.Mathiyalagan
For Respondents : Mr. R.M.Anbunithi
Additional Public Prosecutor
ORDER
This Writ Petition has been filed challenging the impugned
order passed by the 1st respondent in G.O.Ms.No.141 Home (Police
XIX) Department, dated 04.03.2013 and quash the same and
consequently direct the respondents 3 and 4 to delete or to make
necessary entries in the registration records including encumbrances
certificates by removing the entry of attachment made on the basis of
G.O.Ms.No.141 Home (Police XIX) Department, dated 04.03.2013 in
respect of the petitioner's property comprised in S.F.No.1145/2 to an
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7364 of 2018
extent of 0.13.5 Acres(1/2 share) and S.F. No.1146/1 to an extent of
0.09.5 Acres (½ share) total extent of 0.11.5 Acres at Punjaipugalur
South Village, Manmangalam Taluk ,Karur District.
2. According to the petitioner, he was arrayed as A19 in C.C.
No.85 of 2008 on the file of the Special Court under the Tamil Nadu
Protection of Interest of Depositors (In financial Establishment)Act,
1997, Madurai and subsequently due to the absence of the petitioner
the case was split up in C.C. No.4 of 2015, thereafter the trial Court
acquitted all the accused vide judgment dated 26.11.2015, hence the
impugned order of the first respondent dated 04.03.2013 is liable to
be quashed.
3. The learned counsel appearing for the petitioner contended
that the first respondent has passed the G.O.Ms.No.141 Home (Police
XIX) Department, dated 04.03.2013 by attaching properties of the
petitioner and the main case itself was disposed on 26.11.2015 and
thereafter the petitioner was acquitted. Already this Court has
quashed the said G.O.Ms.No.141 Home (Police XIX) Department vide
order dated 13.07.2021 based on the acquittal, judgment passed
against the co-accused , hence the attachment G.O.Ms.No.141 Home
(Police XIX) Department is liable to be quashed.
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W.P(MD)No.7364 of 2018
4. The learned Additional Public Prosecutor appearing for the
respondents has also admitted that all the accused were acquitted
and this Court has also quashed the G.O.Ms.No.141 Home (Police
XIX) Department, dated 04.03.2013, in respect of those accused.
5. Heard both sides and perused the materials available on
record.
6. On perusal of the records it is observed that the case against
this petitioner in C.C. No. 4 of 2015 was acquitted vide judgment
dated 26.11.2015 and in C.C. No.85 of 2008 co-accused were
acquitted and this Court in W.P(MD) No.11588 of 2021 has quashed
the said G.O.Ms.No.141 Home (Police XIX) Department, dated
04.03.2013 in respect of one P. Nagammal. Now this petition has been
filed for quashing the same G.O.Ms.No.141 Home (Police XIX)
Department, dated 04.03.2013. as against this petitioner.
7. In view of the above said judgment already the petitioner was
acquitted in the main case and also considering the facts and
circumstances of the case, it is appropriate to allow this petition and
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W.P(MD)No.7364 of 2018
accordingly the order passed in G.O.Ms.No.141 Home (Police XIX)
Department, dated 04.03.2013 is held to be inoperative. The second
respondent shall take immediate steps to get the interim attachment
lifted from the records for the fourth respondent within a period of
four weeks from the date of receipt of a copy of this order.
8. This Writ Petition is allowed with the above said directions.
No costs. Consequently connected miscellaneous petition is closed.
24.07.2023
Index : Yes/No
Internet : Yes/No
aav
To
1. The Principal Secretary to the Government
Government of Tamil Nadu,
Home (Police XIX) Department
Fort. St.George,
Chennai – 09
2. The Competent Authority and
District Revenue Officer,
Karur, Karur District.
3. The District Collector
Karur District, Karur
4. The Sub Registrar
Velayuthampalayam,
Karur District
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7364 of 2018
5. The Inspector of Police
Economic Offence Wing -II,
Karur, Karur District
6. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7364 of 2018
P.DHANABAL, J.
aav
W.P(MD)No.7364 of 2018
24.07.2023
https://www.mhc.tn.gov.in/judis
