Madras High Court
M/S.Visvas Promoters Private Limited vs The Joint Director on 17 December, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P(MD)No.30548 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.12.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.30548 of 2024
M/s.Visvas Promoters Private Limited,
Represented by its Managing Director,
Sankara Iyer Seetharaman ... Petitioner
Vs
1.The Joint Director,
Directorate of Enforcement,
Chennai Zone II,
BSNL Building, B Block, 3rd Floor,
No.84, Greams Road,
Thousand Lights,
Chennai – 600 006.
2.The Deputy Director,
Directorate of Enforcement,
Thabal Thanthi Nagar,
Madurai – 625 017.
3.The Sub Registrar,
Madurai North,
Madurai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus, directing the respondents 1 and
2 to forthright raise the attachment made in UDR S.Nos.71/2A1A to
71/2A1M, Vilangudi II Bit Village, Madurai North Taluk, Madurai
District.
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W.P(MD)No.30548 of 2024
For Petitioner : Mr.B.Kumar
Senior Counsel
for Mr.S.Parthasarathy
For Respondents : Mr.S.P.Maharajan
Special Government Pleader
ORDER
This Writ Petition has been filed by the petitioner for a direction directing the respondents 1 and 2 to raise the attachment in respect of the property comprised in UDR Survey Nos.71/2A1A to 71/2A1M situated at Vilangudi II Bit Village, Madurai North Taluk, Madurai District.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The property comprised in R.S.No.247/2 now comprised in UDR Survey No.71/2A situated at Vilangudi II Bit Village, Madurai North Taluk, Madurai District admeasuring 1.95 acres originally owned by one M/s.Visalakshi Mills Private Limited. Adjacent to the said property, the property comprised in R.S.No. 236/4, presently UDR Survey No.62/4B to an extent of 42 cents https://www.mhc.tn.gov.in/judis 2/8 W.P(MD)No.30548 of 2024 was owned by one Muniyammal. Both the properties were exchanged by their respective owners by the exchange deed dated 25.11.1996. Accordingly M/s.Visalakshi Mills Private Limited became the absolute owner of the property comprised in R.S.No.236/4 present UDR Survey No.62/4B to an extent of 42 cents situated at Vilangudi II Bit Village, Madurai North Taluk, Madurai District. The said Muniyammal became the absolute owner of the property comprised in R.S.No.247/2 now comprised in UDR Survey No.71/2A admeasuring to an extent of 1 acre situated at Vilangudi II Bit Village, Madurai North Taluk, Madurai District. The remaining extent of 95 cents stands in the name of M/s.Visalakshi Mills Private Limited. Subsequently, the property which was owned by the said Muniyammal was purchased by the petitioner by the registered sale deed dated 11.05.2007, after sub-division as UDR.Survey No. 71/2A1 and the petitioner was also issued Patta No.1000. While being so, M/s.Visalakshi Mills Private Limited was under financial crisis and it was ordered to be wound up in C.P.No.78 of 2008 by the Principal Bench of this Court. In pursuant to which, the remaining property belongs to M/s.Visalakshi Mills Private Limited was brought for auction. Inadvertently, the property which was purchased by the petitioner was also included the remaining property owned by M/s.Visalakshi Mills Private Limited under UDR https://www.mhc.tn.gov.in/judis 3/8 W.P(MD)No.30548 of 2024 Survey No.71/2A1 and brought for auction. It was sold out in favour of M/s.Disc Assets Lead India Limited. Therefore, the petitioner filed an application in C.A.No.405 of 2013 in C.P.No.78 of 2008. By order dated 27.09.2013, this Court allowed the application filed by the petitioner and directed the official liquidator to refund the sale consideration to the auction purchaser namely Disc Assets Lead India Limited and in turn, the purchaser shall release and relinquish its right in favour of the petitioner in respect of the land to an extent of 1 acre comprised in R.S.No.247/2 under UDR Survey No. 71/2A situated at Vilangudi II Bit Village, Madurai. Accordingly, the sale consideration was returned to the auction purchaser. Furthe,r the sale certificate issued in favour of the auction purchaser was also not registered and the same was kept pending on the file of the third respondent. In the meanwhile, the auction purchaser came under the purview of the respondents 1 and 2 by involving a criminal case. In pursuant to which, the property owned by the auction purchaser namely Disc Assets Lead India Limited was attached and about to bring the same for auction sale by the administrator appointed by the Principal Bench of this Court in W.P.No.8084 of 2017 including the property which was ordered to release in favour of the petitioner. Further, the petitioner also filed an impleading petition to implead him in W.M.P.No.6892 of 2022 in https://www.mhc.tn.gov.in/judis 4/8 W.P(MD)No.30548 of 2024 W.P.No.8084 of 2017 and also sought for direction and injunction in W.M.P.Nos.9381 and 9386 of 2022. Both applications are pending. While being so, the property comprised in UDR Survey Nos.71/2A1A to 71/2A1M were provisionally attached by the first respondent. Therefore, the petitioner submitted a representation to the respondents 1 and 2 to raise the attachment in respect of the subject property.
4.Though this Court passed an order in C.A.No.405 of 2013 in C.P.No.78 of 2008 dated 27.09.2013 thereby directing the official liquidator to refund the sale consideration to the auction purchaser namely Disc Assets Lead India Limited, upon such payment the auction purchaser shall release and relinquish its rights in respect of the subject property in favour of the petitioner, the auction purchaser so for did not relinquish its right by execution of release deed in respect of the subject property in favour of the petitioner herein. Therefore the subject property stands in the name of the auction purchaser till today as per the revenue records. Hence the first respondent in pursuant to the criminal case, the property stands in the name of the auction purchaser and has been attached along with other properties. Therefore, the auction https://www.mhc.tn.gov.in/judis 5/8 W.P(MD)No.30548 of 2024 purchaser failed to comply with the order passed by this Court by relinquishing its right and releasing the same in respect of the subject property in favour of the petitioner herein. Therefore the attachment cannot be raised merely on the representation submitted by the petitioner herein. Further, already the petitioner approached the Principal Bench of this Court by way of Miscellaneous Petition in W.M.P.Nos.6892, 9381 and 9386 of 2022 in W.P.No.8084 of 2017 in respect of attachment of properties and it is pending. Therefore the petitioner ought to have pursued its Miscellaneous Petitions in W.M.P.Nos.6892, 9381 and 9386 of 2022 in W.P.No.8082 of 2017 which is pending on the file of the Principal Bench of this court in the manner known to law. In view of the above, the representation submitted by the petitioner cannot be considered by the respondents 1 and 2 and the Writ Petition itself is devoid of merits and the same is liable to be dismissed.
5.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.
17.12.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
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W.P(MD)No.30548 of 2024
To
1.The Joint Director,
Directorate of Enforcement,
Chennai Zone II,
BSNL Building, B Block, 3rd Floor,
No.84, Greams Road,
Thousand Lights,
Chennai – 600 006.
2.The Deputy Director,
Directorate of Enforcement,
Thabal Thanthi Nagar,
Madurai – 625 017.
3.The Sub Registrar,
Madurai North,
Madurai.
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W.P(MD)No.30548 of 2024
G.K.ILANTHIRAIYAN, J.
ps
Order made in
W.P(MD)No.30548 of 2024
17.12.2024
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