Madras High Court
M/S.Pacl Limited vs The Competent Authority Cum on 24 July, 2023
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.14272 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.07.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.14272 of 2015
and
M.P.(MD)No.2 of 2015
M/s.PACL Limited,
through its authorized representative,
A.Mohandoss,
Having Ofice at 7th Floor,
Gopal Das Bhawan,
28, Barakhamba Road,
New Delhi-110001. ... Petitioner
Vs.
1.The Competent Authority cum
District Revenue Officer,
Tirunelveli District.
2.The Competent Authority cum
Inspector General of Police,
Economic Offences Wing-II,
Chennai.
3.The Appropriate Authority,
Central Bureau of Investigation,
Bank Securities & Fraud Cell,
CBI Head Quarters, CGO Complex,
Lodhi Road,
New Delhi-110003.
1/4
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14272 of 2015
4.J.B.J.City Development Ltd.,
Rep. by its Chairman and
Managing Director,
44/8, “C” Block, 7th Street,
Anna Nagar East,
Chennai. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari, to call for the records of the
impugned order of the 1st Respondent in Na.Ka.E2/039182/2012 dated
02.07.2015 and his consequential impugned notice dated 11.07.2015 and quash
the same in respect of S.No.61, Samugarengapuram Village, Radhapuram Taluk,
Tirunleveli District.
For Petitioner : Mr.H.Arumugam
For Respondents : Mr.S.Shanmugavel
Additional Government Pleader for R1 & R2
ORDER
Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 & 2. Notice need not be issued to R3 & R4. Issuance of notice to R3 & R4 is dispensed with.
2. The petitioner challenges the impugned proceedings issued by the first respondent bringing the petition mentioned properties to 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.14272 of 2015 auction sale. It is seen that the fourth respondent is a financial establishment and its depositors moved the Special Court for TNPID Act cases, Chennai. The Government had earlier attached the petition mentioned property and subsequently, the Special Court directed their sale. The impugned auction sale notice is pursuant to the direction of the Special Court. The impugned notice itself mentions that on 10.01.2014 in O.A.No.9 of 2013, the Special Court had issued direction. Thus, the impugned auction sale notice is only a consequential action. The petitioner ought to question the primary order passed by the Special Court. Without challenging the same, the petitioner cannot question the consequential order alone. Therefore, I am not in a position to interfere. Leaving open all the other rights and remedies of the writ petitioner, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
24.07.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
rmi
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https://www.mhc.tn.gov.in/judis W.P(MD)No.14272 of 2015 G.R.SWAMINATHAN, J.
rmi To
1.The Competent Authority cum District Revenue Officer, Tirunelveli District.
2.The Competent Authority cum Inspector General of Police, Economic Offences Wing-II, Chennai.
W.P(MD)No.14272 of 2015
24.07.2023 4/4 https://www.mhc.tn.gov.in/judis