S.Manivannan Vs the State Represented by

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 1 to 3 to initiate all appropriate actions to attach the properties admeasuring 68.20 acres in S.F.Nos.1041, 1056, 1059, 1062, 1063, 1067, 1068, 1069, 1070, 1073, 1076, 1077, 141, 161, Vannadu Village, Thuraiyur Taluk, Trichy District in compliance of the order dated 04.11.2022 made in Crl M.P No.2037 of 2022 passed by the learned Special Court for Exclusive Trial of TNPID cases, Coimbatore, so as to sell the same in public auction to disburse the sale proceeds to the victims/depositors by considering the petitioner's representation dated 26.03.2024 and pass appropriate orders.

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For Petitioner(s): R.Prabakar For Respondent(s): A.Gopinath Government Advocate Criminal Side for R1, 2, 4, 5 & 7 P.Balathandayutham Spl.G.P. for R3 and R6

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ORDER

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This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to initiate all appropriate actions to attach the properties admeasuring 68.20 acres in S.F.Nos.1041, 1056, 1059, 1062, 1063, 1067, 1068, 1069, 1070, 1073, 1076, 1077, 141, 161, Vannadu Village, Thuraiyur Taluk, Trichy District in compliance of the order dated 04.11.2022 made in Crl M.P No.2037 of 2022 passed by the learned Special Court for Exclusive Trial of TNPID cases, Coimbatore, so as to sell the same in

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https://www.mhc.tn.gov.in/judis

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public auction to disburse the sale proceeds to the victims/depositors by considering the

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petitioner's representation dated 26.03.2024 and pass appropriate orders.

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2.The petitioner is the accused in crime no.4 of 2015 for the offences under Sections

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th 120(B), 420 IPC and Section 5 of TNPID Act. After completion of investigation, the 7 respondent had filed a final report and the same has been taken on file vide CC No.16 of 2015 on the file of the Special Court for exclusive trial of TNPID cases, Coimbatore. Now it is pending for trial. The properties owned by the petitioner and the other accused persons were already attached and the Competent Authority is taking steps to bring the said property for auction sale. Now the petitioner filed this petition for a direction to initiate appropriate action to attach some of the properties which are left out by the competent authority.

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3.On instructions, Mr.A.Gopinath, learned Government Advocate (Crl.side) would submit

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that already the subject property is under the process of attachment. He further submits th that in respect of the subject property, already the 8 respondent was given Power of th Attorney on receipt of the substantial sale consideration and permitted the 8 respondent to deal with the property by the petitioner on one hand. The petitioner had executed the

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th Power of Attorney and permitted the 8 respondent to deal with the property and on the

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other hand filed this Writ Petition to attach the said property to escape from the clutches of https://www.mhc.tn.gov.in/judis

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law. However, now sent proposals to attach the subject property. Therefore, the

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respondents 1 to 3 are directed to take appropriate action to attach the properties admeasuring 68.20 acres in S.F.Nos.1041, 1056, 1059, 1062, 1063, 1067, 1068, 1069,

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1070, 1073, 1076, 1077, 141, 161, Vannadu Village, Thuraiyur Taluk, Trichy District to realize the money in CC No.16 of 2015. If at all any grievance in respect of execution of th Power of Attroney, the 8 respondent is at liberty to approach the Civil Court for appropriate direction.

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4.This Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

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17-03-2025

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dn

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https://www.mhc.tn.gov.in/judis

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To

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1.The State Represented By The Home Secretary, Government Of Tamil Nadu Home Department Chennai