Madras High Court
K. Mukeshbabu vs The State Of Tamil Nadu on 6 November, 2023
W.P. (MD).No.3291 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.11.2023
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P. (MD).No.3291 of 2020
and W.M.P(MD)Nos.2769 to 2771 of 2020 & 22436 of 2023
K. Mukeshbabu
... Petitioner
Vs
1. The State of Tamil Nadu,
Home (Courts II-A), Secretariat,
Chennai - 9.
2. The Additional Commissioner/Competent Officer,
(TNPID Act) Cinema and Irrigation,
Department of Land Administration),
Chepauk, Chennai - 5.
3. The District Collector,
Theni District Theni.
4. The District Revenue Officer,
O/o.The District Revenue Officer,
Theni District.
5. The Revenue Divisional Officer,
O/o. the Revenue Divisional Officer,
Periyakulam, Theni District.
6. The Tahsildar,
O/o. Tahsildar, Theni District.
1/7
https://www.mhc.tn.gov.in/judis
W.P. (MD).No.3291 of 2020
7. The Revenue Inspector,
Theni, Theni District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India praying for issuance of a Writ of Certiorarified Mandamus to call
for the records pertaining to the impugned G.O.Ms.No.70 Home (Courts
II-A) Department, dated 20.01.2004 on the file of the Respondent No.1
and consequential impugned order in Na.Ka.No.182/2020/A2, dated
07.01.2020 on the file of the Respondent No.6 and quash the same as
illegal and consequently restrained the respondents from disturbing the
peaceful possession and enjoyment of the petitioner's property in Survey
No.198, Sub division No.198/2 in an extent of 96 cents situated at
Oonchampatti Village, Theni District within the time stipulated by this
Court.
For Petitioner : Mr. V. Malaiyendran
For Respondents : Mr.A.K.Manikkam
Special Government Pleader
ORDER
This writ petition has been filed challenging G.O.Ms.No.70
Home (Courts II-A) Department, dated 20.01.2004 issued by the first
respondent and the consequential order in Na.Ka.No.182/2020/A2, dated
07.01.2020 issued by the sixth respondent and for a consequential
https://www.mhc.tn.gov.in/judis
W.P. (MD).No.3291 of 2020
direction, restraining the respondents from disturbing the peaceful
possession and enjoyment of the subject property.
2.When the matter came up for hearing on 11.10.2023, this
Court passed the following order:
“The petitioner being the subsequent purchaser has
challenged the Government order in G.O.Ms.No.70 dated
20.01.2004, wherein the subject property was attached
under the TANPID Act and the consequential order passed
by the 6th respondent dated 07.01.2020.
2. The learned counsel for the petitioner submitted that
pursuant to the remand order passed by this Court in
Crl.R.C.(MD) No.606/2008 dated 08.09.2014, the matter
was once again taken up by the trial Court and the case
itself ended in acquittal with respect to all the accused
persons except the prime accused through judgment dated
21.09.2021. The learned counsel submitted that by virtue of
this subsequent development, the continuation of the order
of attachment of the subject property may not be required.
3. The learned Special Government Pleader seeks for
some time to take instructions in this regard. In the
meantime, the learned counsel for the de-facto complainant
also wants to take instructions and if necessary to implead
himself in the present writ petition. Post this writ petition
under the caption, 'for orders' on 06.11.2023.”
https://www.mhc.tn.gov.in/judis
W.P. (MD).No.3291 of 2020
3.When the matter was taken up for hearing today, the learned
Special Government Pleader produced the judgment passed in C.C.No.18
of 2014 on the file of the Special Court under the Tamil Nadu Protection
of Interest of Depositors Act, 1997, Madurai, dated 21.09.2021. On
going through the same, it is seen that except A2, all the other accused
persons were acquitted from all charges. Insofar as A2 is concerned, he
was convicted and sentenced in the following manner:
“31.Considering the gravity of offences, the 2nd accused
sentenced to undergo rigorous imprisonment for five years and to
pay fine of Rs.50,000/- u/s.5 of TNPID Act in default of payment of
fine sentenced to undergo rigorous imprisonment for one year. The
2nd accused is sentenced to undergo rigorous imprisonment for three
years u/s 420 IPC and to pay a fine of Rs.5000/- in default of
payment of fine sentenced to undergo rigorous imprisonment for
three months and sentenced to undergo rigorous imprisonment for a
term of one year and to pay fine of Rs.5000/- u/s 406 IPC in default
of payment of fine sentenced to undergo rigorous imprisonment for
three months. All the above sentences imposed for the offences shall
run concurrently. The period of imprisonment already undergone by
2nd accused Manikandan from 10.9.2003 to 23.09.2003 is ordered to
be set off us 428 Cr.P.C.. (Total fine Rs.60000/-)”
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W.P. (MD).No.3291 of 2020
4.In view of the above, the attachment order passed during the
pendency of the case is no more in force and hence there is no question
of bringing the subject property for auction sale. The Government Order
issued by the first respondent and the consequential impugned order
passed by the sixth respondent pales into insignificance by virtue of
disposal of the main case in C.C.No.18 of 2014, which was taken note of
by this Court, supra.
5.In view of the same, the petitioner will be entitled to enjoy
the subject property as the absolute owner, without any interference. This
writ petition stands disposed of accordingly. No costs. Consequently,
connected miscellaneous petitions are closed. By virtue of order passed
in WP(MD) No.3291 of 2020, WMP(MD)No.22436 of 2023 stands
closed.
06.11.2023
NCC : Yes/No
Internet : Yes/No
Index : Yes/No
PNM
https://www.mhc.tn.gov.in/judis
W.P. (MD).No.3291 of 2020
To
1. The State of Tamil Nadu,
Home (Courts II-A), Secretariat,
Chennai - 9.
2. The Additional Commissioner/Competent Officer,
(TNPID Act) Cinema and Irrigation,
Department of Land Administration),
Chepauk, Chennai - 5.
3. The District Collector,
Theni District Theni.
4. The District Revenue Officer,
O/o.The District Revenue Officer,
Theni District.
5. The Revenue Divisional Officer,
O/o. the Revenue Divisional Officer,
Periyakulam, Theni District.
6. The Tahsildar,
O/o. Tahsildar, Theni District.
7. The Revenue Inspector,
Theni, Theni District.
https://www.mhc.tn.gov.in/judis
W.P. (MD).No.3291 of 2020
N.ANAND VENKATESH, J.
PNM
ORDER IN
W.P. (MD).No.3291 of 2020
and W.M.P(MD)Nos.2769 to 2771 of 2020
& 22436 of 2023
06.11.2023
https://www.mhc.tn.gov.in/judis
