S. Anwar Nizath vs The Secretary to Government

S. Vaidyanathan, J.—This petition has been filed praying to call for the records relating to unnumbered Cr.M.P. of 2014 on the file of the Special Judge (TNPID Act), Madurai, dated 15.07.2014 in G.O. Ms.No.987 Home Police Department, dated 24.12.2014, in Crime No. 5 of 2009 on the file of the EOW-II, Kanyakumari District and set aside the same and consequently, direct the Special Judge, for TANPID Cases, Madurai to number the petition filed by the petitioner under Section 7 of Tamil Nadu Protection of Interest of Depositors (In financial Establishments) Act, 1997 and dispose of the same in accordance with law.

The case of the petitioner is that he is having interest in the property and that he has entered into an agreement with the fourth respondent on 03.07.2007, for purchasing the property for the sale consideration of Rs.25,00,000/- and paid an advance of Rs.4,95,000/-. The sale agreement was also duly registered and since the fourth respondent did not execute the sale deed in terms of sale agreement, the petitioner has filed the suit for specific performance in O.S. No.145 of 2008 on the file of the District Court, Nagercoil and the same was decreed on 10.07.2009. He has also filed an execution petition and the same is pending. When the petitioner is having interest over the property and was successful before the civil Court for the specific performance suit, the Special Judge, TANPID Cases, Madurai, should have entertained the petition filed by him without returning the papers on the ground that the petitioner is not an interested person.

Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondents.

For the sake of convenience, Section 7(3) of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments),Act, 1997, is extracted below:

"(3)Any person claiming an interest in the property attached or any portion thereof may, notwithstanding that no notice has been served upon him under this section, make an objection as aforesaid to the Special Court at any time before an order is passed under sub-section(4) or sub-section(6)."

On a reading of the above provision, it is very clear that the petitioner is not only an interested person but also as the beneficiary of the order of the civil Court which is yet to be set aside by the appellate Courts and that being the case, the Special Court for TANPID Cases, ought to have numbered the miscellaneous petition and heard all the parties. It is open to the other side to make all objections including the maintainability at the time of hearing of the case. The return made by the TANPID Court is not in accordance with law and hence, the TANPID Court, Madurai, is directed to number the case, if it is otherwise in order.

With the above direction, the Criminal Original Petition is disposed of.