IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.7.2011 CORAM; THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.14030 of 2003 T.Rajasekar S/o..Thangamani .. Petitioner -Vs- 1.The Secretary to Government of Tamil Nadu, Home Department, Fort St.George, Chennai-600 009. 2. The Competent Authority & the Additional Commissioner (Cinema & Irrigation), Land Administration, Chepauk, Chennai-5. 3. The District Collector, Kanyakumari District. 4. The Deputy Superintendent of Police EOW-II, Nagercoil, Kanyakumari District. .. Respondents Writ petition filed under Article 226 of the Constitution of India praying this Honourable Court to issue a writ of certiorari calling for the records comprised in G.O.Ms.No.425 Home (Court IIA) Department dated 22.5.2002 on the file of the Secretary to Government, Home Department/1st respondent in so far petitioner is concerned and to quash the same. For petitioner : Mr.R.Bharanidharan For respondents : Mr.S.V.Duraisolaimalai Addl. Govt. Pleader for R1 to R4. https://hcservices.ecourts.gov.in/hcservices/ ORDER The petitioner has come to this Court seeking for issuance of writ of certiorari to call for the records comprised in G.O.Ms.No.425 Home (Court IIA) Department dated 22.5.2002 on the file of the Secretary to Government, Home Department, first respondent herein and to quash the same, in so far the petitioner is concerned. 2. Mr.R.Bharanidharan, learned counsel appearing for the petitioner, submits that the petitioner is the owner of the properties situated in S.No.F7/91 and F7/169 of Vedacherry Village, Nagercoil-1. The above said properties were purchased by him out of his own earnings as a financier. The petitioner by creating an Educational Trust he was functioning as its Managing Trustee. The petitioner leased out the above said properties in his individual capacity to the Trust for its object viz. for running a school by name Alpha Matriculation School. 3. The learned counsel for the petitioner further submits that when the school was functioning in the above mentioned premises, managed by the Trustees of the abovesaid Trust, one Financial Institution, by name, Sri Saraswathi Bankers, which is a partnership firm run by one Radhamani, Pattabiraman and Shantharam, has suffered a criminal case in Crime No.11/1998. The said case was taken on file by the Special Court, Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) (TNPID) Act 44 of 1997, Chennai and subsequently, an order of attachment was passed, attaching the petitioner's properties including the Financial Institution under Section 3 of the said Act by the second respondent in G.O.No.425 dated 22.5.2002. 4. The learned counsel appearing for the petitioner further submits that the case of the petitioner was subsequently considered by the Criminal Court and he was also acquitted in C.C.No.77 of 2004 by judgment dated 27.4.2006, passed by the Special Judge under Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, Chennai. The said judgment was also finally confirmed by this Court in Criminal Appeal No.105 of 2010. Since no further appeal has been filed as against the Judgment passed by this Court in Criminal Appeal No.105 of 2010, dated 16.3.2011, his further submission is that the properties attached on the order of the Special Court under Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, Chennai, have to be released to the petitioner. Therefore, the petitioner has come to this Court seeking the above mentioned prayer of issuance of writ of certiorari to quash the records comprised in G.O.Ms.No.425 Home (Court IIA) Department dated 22.5.2002. https://hcservices.ecourts.gov.in/hcservices/ 5. A detailed counter affidavit has been filed by the respondents. 6. The learned Additional Government Pleader appearing for the respondents submits that though the petitioner has been acquitted by the Special Court under The Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, Chennai in C.C.No.77 of 2004 and the said judgment also came to be confirmed by this Court in Criminal Appeal No.105 of 2010, the only course open to the petitioner is to approach the Special Court which ordered the attachment of petitioner's properties based on G.O.Ms.No.425 Home (Court IIA) Department dated 22.5.2002. 7. In view of the fact that the petitioner has been fully acquitted by the Special Judge in C.C.No.77 of 2004 and in the light of the Judgment of this Court in Criminal Appeal No.105 of 2010, the petitioner has to approach the Special Court under Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, Chennai. In that view of the matter, liberty is given to the petitioner to approach the Special Court under Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, Chennai to move an appropriate application for releasing the properties from the order of attachment and if such an application is filed by the petitioner, the same shall be considered in accordance with law and the Special Court under Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, Chennai is directed to pass orders on merits and in accordance with law, as expeditiously as possible . 8. With the above directions and observation, the writ petition is disposed of. No costs. Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar vks Copy to:- 1.The Secretary to Government of Tamil Nadu, Home Department, Fort St.George, Chennai-600 009. https://hcservices.ecourts.gov.in/hcservices/ 2. The Competent Authority & the Additional Commissioner (Cinema & Irrigation), Land Administration, Chepauk, Chennai-5. 3. The District Collector, Kanyakumari District. 4. The Deputy Superintendent of Police EOW-II, Nagercoil, Kanyakumari District. 1 cc To M/S.R.Karthikeyan, Advocate, SR.42324 1 cc To The Government Pleader, SR.41731 W.P.No.14030 of 2003 MG(CO) RH (23.8.11) https://hcservices.ecourts.gov.in/hcservices/