V.S. Chinnakittusamy Gounder vs The Competent Authority and District Revenue Officer, Collectors Office, Coimbatore and The Sub Registrar Sro of Periyanaickenpalayam, Coimbatore

Honourable Mr. Justice K.K. Sasidharan

The property owned by the petitioner was attached by the competent authority by invoking the provisions of Tamil Nadu Protection of Interest of Depositors (in Financial Establishments) Act, 1997 (hereinafter referred to as "TNPID Act"). According to the petitioner, only a provisional attachment was made. The petitioner was acquitted of the charges by the Special Court in C.C. No. 28 of 2008. Thereafter, he approached this Court by filing W.P. No.18462 of 2010 with a prayer to release the property from attachment. The writ petition was disposed of on 01.10.2010 permitting the petitioner to submit a representation to the Government for release of property. The Government was directed to consider the representation already submitted on 10.06.2010 in the light of the judgment dated 26.11.2009 in C.C. No. 28 of 2008 on the file of the Special Court, Coimbatore. According to the petitioner, inspite of series of reminders including the one made on 04.07.2010, the first respondent has not passed any orders.

The factual matrix indicates that the property owned by the petitioner was attached by the Government, on the ground that he was a partner of a defaulted financial establishment, namely, V.S.C.K. Financiers .Though the petitioner was arrayed as an accused in C.C. No. 28 of 2008 on the file of Special Court, Coimbatore, he was acquitted of the charges.

Considering the background facts, I am of the considered view that the Government should pass appropriate orders on the representation made by the petitioner on 10.06.2010.

Accordingly, there shall be a direction to the first respondent to consider and dispose of the representation submitted by the petitioner on 01.10.2010, as expeditiously as possible, and in any case within a period of two months from the date of receipt or production of a copy of this order. The petitioner is directed to forward the representation to the Government along with a copy of this order, so as to enable the first respondent to consider the same and pass appropriate orders, at the earliest. The writ petition is disposed of with the above direction. No cost.