Allowed

A.Sridhar, v. The Special commissioner

Madras HC10 Aug 2017WP/21349/2017

Case brief

AI extract

What is this about?

The High Court of Madras, in a writ petition under Article 226 of the Constitution of India, directed the 3rd respondent, the District Revenue Officer, Sathuvachari, Vellore, to refund a security deposit of Rs.1,00,000/- to the petitioner within three weeks, following his acquittal in the underlying criminal case.

What did the court decide?

Directed the 3rd respondent to refund the sum of Rs.1,00,000/- to the petitioner within three weeks.

A.Sridhar, Vs The Special commissioner — Pension and Retirement Benefits | Madras HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 10.08.2017

¶3

CORAM

¶4

THE HON'BLE MR. JUSTICE M.DURAISWAMY

¶5

W.P.No.21349 of 2017

¶6

A.Sridhar ...Petitioner Vs. 1 The Special Commissioner for Land Administration Chepauk, Chennai 2 The Competent Authority/ District Revenue Officer Collector Office, Chennai-1 3 The Competent Authority/ District Revenue Officer Collector Office Sathuvachari, Vellore-09 ... Respondents

¶7

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the 3rd respondent to refund the amount of Rs.1,00,000/- which was deposited before the Special Judge, T.N.P.I.D Court in respect of Crime No.5/2002 Chennai.

¶8

For Petitioner : Mr.D.Rajagopal

¶9

For Respondents : Mr.Era.Premnath

¶10

Government Advocate

¶11

ORDER

¶12

Mr.Era.Premnath, learned Government Advocate, takes notice for the respondents. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

¶13

The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the 3rd respondent to refund the amount of Rs.1,00,000/-, which was deposited before the Special Judge, T.N.P.I.D Court in respect of Crime No.5/2002, Chennai.

¶14

https://hcservices.ecourts.gov.in/hcservices/

¶15

3.1 The learned counsel appearing for the petitioner submitted that the Economic Offences Wing, Vellore registered a case against the petitioner and his family members for the offence under section 5 of T.N.P.I.D. Act in Crime No.5 of 2002. On 12.04.2002, the Special Court passed an order granting bail to the petitioner's father Annamalai Chettiyar on condition that the petitioner depositing a sum of Rs.1,00,000/-. On 03.05.2002, the petitioner's father had deposited the sum of Rs.1,00,000/-.

¶16

3.2 In the year 2004, the Economic Offences Wing filed a final report in C.C.Nos.141 and 142 and thereafter, the petitioner and other accused settled the entire amount to the depositors. On 25.07.2014, the Special Court acquitted all the accused in the criminal case. The petitioner's father Annamalai Chettiyar had died on 13.09.2004 and the Special Court passed an order on 22.4.2015 directing the 3rd respondent to refund the sum of Rs.1,00,000/-. However, the 3rd respondent has not refunded the amount. Thereafter, on 6.11.2015, the Special Court, again directed the 3rd respondent to refund the sum of Rs.1,00,000/-. to the petitioner. In spite of the orders passed by the Special Court, the 3rd respondent has not refunded the amount so far.

¶17

Mr.Era.Premnath, learned Government Advocate, appearing for the respondents submitted that the 3nd respondent may be directed to refund the amount, within a time frame.

¶18

Since the 3rd respondent has not refunded the sum of Rs.1,00,000/- in spite of the order passed by the Special Court, I direct the 3rd respondent to refund the sum of Rs.1,00,000/- to the petitioner, within a period of three weeks from the date of receipt of a copy of this order.

¶19

With this observation, the writ petition is disposed of. No costs.

¶20

Sd/-

¶21

Assistant Registrar(CS II)

¶22

//True Copy//

¶23

Sub Assistant Registrar

¶24

¶25

https://hcservices.ecourts.gov.in/hcservices/

¶26

¶27

1 The Special Commissioner
for Land Administration
Chepauk, Chennai
2 The Competent Authority/
District Revenue Officer
Collector Office, Chennai-1
3 The Competent Authority/
District Revenue Officer
Collector Office
Sathuvachari, Vellore-09
+1cc to M/s.D.Rajagopal, Advocate, S.R.No.58269(05.09.2017)
W.P.No.21349 of 2017
RR(CO)
CU(11/08/2017)

¶28

https://hcservices.ecourts.gov.in/hcservices/

A.Sridhar, v. The Special commissioner

Case brief

What is this about?

What did the court decide?

A.Sridhar, v. The Special commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

C.Kannan, Dr NO.37637 Vs The Transport Commissioner

P.Ramesh, Vs The Senior Divisional

B.Bakiyaraj, Vs The Revenue Divisional Officer

R.Selvam Vs The Tahsildar

S. Jayakumar Vs Tamil Nadu Housing Board

B.R.Manoharan, Vs The Government of Tamil Nadu