Writ petitions challenging a Government Order under the Tamil Nadu Protection of Interests of Depositors Act, 1997, were dismissed. The Court held no further adjudication was necessary, granting liberty to petitioners to file applications before the Special Court.
Writ petitions dismissed; liberty granted to file application before Special Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.07.2019
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
W.P.Nos.33732 to 33735 of 2007 and M.P.Nos.1, 1, 1 and 1 of 2007
A.L.Santharam ..Petitioner
in W.P.No.33732 of 2007
T.S.Indira ..Petitioner
in W.P.No.33733 of 2007
A.S.Aara Amuthu Kumar ..Petitioner
in W.P.No.33734 of 2007
A.S.Ramkumar ..Petitioner
in W.P.No.33735 of 2007
Vs
1.The Government of Tamil Nadu,
Rep.by Secretary to Government,
Home Department,
Fort St.George, Chennai – 600 009.
2.The Inspector General of Police,
Economic Offence Wing-II,
Chennai – 600 002.
3.The Commissioner,
Land Administration,
Chepauk, Chennai – 600 005.
4.The District Revenue Officer,
Madurai. .. Respondents
in all W.Ps
Common Prayer: Writ Petitions filed under Article 226 of
the Constitution of India, seeking issuance of a writ of
declaration, declaring that the Government Order
G.O.Ms.No.569 Home (Courts III-A) Department, dated
18.6.2001 of the first respondent herein is arbitrary,
illegal, unjust, unsustainable in law and cannot be
enforced against the petitioners and the property of the
petitioners viz., Serial Nos.14, 15, 17 and 16 to the
Appendix of the said Government order.
For Petitioners : Mrs.AL.Ganthimathi (in all W.Ps)
For Respondents : Mr.I.Sathish Additional Government Pleader (in all W.Ps)
C O M M O N O R D E R
Heard Mrs.AL.Ganthimathi, learned counsel for the petitioners, Mr.I.Sathish, learned Additional Government Pleader for the respondents and perused the materials available on record.
Sd/-
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
ms
To
1.The Secretary to Government,
The Government of Tamil Nadu,
Home Department,
Fort St.George, Chennai – 600 009.
2.The Inspector General of Police,
Economic Offence Wing-II,
Chennai – 600 002.
3.The Commissioner,
Land Administration,
Chepauk, Chennai – 600 005.
4.The District Revenue Officer,
Madurai.
+4ccs to M/s.Al.Gandthi mathi, AdvocateSR.No.63611,63612,
63613,63610
+1 cc to Government Pleader Sr.No. 63833,63834
W.P.Nos.33732 to 33735 of 2007
and
M.P.Nos.1, 1, 1 and 1 of 2007
ppa (CO)
A.SK(09/09/2019)
2 issues framed by the court
Whether further adjudication is necessary regarding the validity of the Government Order under Section 3 of the Act.
Whether petitioners were given an opportunity before the order of attachment under Section 4 of the Act.
2 provisions across 1 enactments
A.L. Santharam
T.S. Indira
A.S. Aara Amuthu Kumar
A.S. Ramkumar
The Government of Tamil Nadu
The Inspector General of Police
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
