B.Achalram @ A.R.Chowthiri vs State Of Tamil Nadu on 11 January, 2019

[Cites 3, Cited by 1]

Madras High Court

B.Achalram @ A.R.Chowthiri vs State Of Tamil Nadu on 11 January, 2019

Bench: N.Anand Venkatesh

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                                IN THE HIGH COURT JUDICATURE AT MADRAS

                                             DATED: 11.01.2019

                                                    CORAM:
                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                           W.P.No.870 of 2019
                                                  and
                                       W.M.P.Nos.966 & 967 of 2019

                      1.B.Achalram @ A.R.Chowthiri


                      2.D.Beraram                                          ... Petitioners


                                                        Vs.


                      1. State of Tamil Nadu,
                         Rep. by its Secretary to Government
                         Home Department, Fort St. George,
                         Chennai - 600 009.

                      2. Inspector of Police,
                         Economic Offences Wing - II,
                         Vellore,
                         Vellore District.                                ... Respondents



                      PRAYER : Writ Petition is filed under Article 226 of the Constitution

                      of India, to issue a Writ of Mandamus directing the respondents to

                      take steps for attaching the property at D.No.76, Santhaipet Bazzar,

                      Gudiyattam Town and for bringing it up for sale in accordance with



http://www.judis.nic.in
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                      the provisions of the Tamil Nadu Protection of Interest of Depositors

                      (in financial establishments) Act, 1997.

                                  For Petitioner      : Mr.T.Sai Krishnan

                                  For Respondents     : Mr.M.Mohamed Riyaz
                                                        Additional Public Prosecutor

                                                      ORDER

This Writ Petition has been filed seeking for direction to the respondent police to take steps for attaching the property and bringing it up for sale.

2. The second respondent has registered an FIR in Crime No.5 of 2000 for an offence under Section 2 of TNPID Act. After investigation, the final report has also been filed and it has been taken on file in C.C.No.72 of 2001. These petitioners have been shown as Accused persons in the final report.

3. It is the case of the petitioners that the respondent police have not taken any steps to attach the property and bring it for sale as stipulated under the TNPID Act. Therefore, the present Writ Petition has been filed.

http://www.judis.nic.in 3

4. The learned Additional Public Prosecutor, on instructions, would submit that the respondent police will take a decision in that regard and for that purpose, no direction is required, more particularly, in the writ Petition filed by the Accused persons.

5. This Writ Petition is disposed of with a direction to the respondent police to act in accordance with law and if they identify any property that actually belongs to the accused persons, the respondent police can proceed against the same in accordance with the TNPID Act. No costs. Consequently, connected Miscellaneous Petitions are closed.

11.01.2019 Index: Yes/No Internet: Yes/No dh/rka http://www.judis.nic.in 4 To

1. The Secretary to Government Home Department, Fort St. George, Chennai - 600 009.

2. Inspector of Police, Economic Offences Wing - II, Vellore, Vellore District.

3.The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in 5 N.ANAND VENKATESH, J., dh W.P.No.870 of 2019 and W.M.P.Nos.966 & 967 of 2019 11.01.2019 http://www.judis.nic.in

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