1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.13565 of 2011 N.Vanjimuthu ... Petitioner Versus 1. The District Collector, Dindigul District, Dindigul. 2. The District Revenue Officer, Dindigul. 3. The Deputy Superintendent of Police, Economic Offences Wing, Dindigul. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the third respondent herein to investigate the depositor in front of the Tahsildar or any one of the Revenue Officials and send the deposit receipts to Forensic Department and got the report from them relating to the first respondent letter in Na.Ka.No.53200/2004/C5 dated 24.08.2011. For Petitioner : Mr.K.Asok Kumar Ram For Respondents : Mr.R.Karthikeyan Additional Government Pleader O R D E R The petitioner has come up with the above Writ Petition seeking a Mandamus, to direct the third respondent to investigate the depositors in the presence of Revenue Officials and to send the deposit receipts to the Forensic Department. 2. Heard Mr.K.Asok Kumar Ram, learned Counsel for the petitioner. Mr.R.Karthikeyan, learned Additional Government Pleader takes notice for the respondents. 3. A Finance Company by name Ravi and Co Bankers of Dindigul, collected deposits from the public and failed to repay the same. Therefore, proceedings were initiated under the Tamil Nadu Protection of Interests of Depositors Act, 1997, against the said company and its partners. 4. The petitioner appears to have taken the Hotel run by the Finance Company by name Hotel Swagath, on lease in the year 2000 and he also claims to have purchased the Hotel from the Finance Company, under a sale deed, dated 11.08.2003. 5. The Special Court under the aforesaid Act, passed an order of attachment of the property purchased by the petitioner, on 18.12.2000. https://hcservices.ecourts.gov.in/hcservices/ 2 The order of attachment was made absolute on 19.05.2003. Therefore, the Hotel claimed to have been purchased by the petitioner is now under attachment in pursuance of an order passed by the Special Court. The appeal filed by the petitioner as against the order of attachment, did not prove to be fruitful to the petitioner. This is for the reason that the said appeal in C.M.A.No.805 of 2010 was disposed of by this Court by an order dated 08.08.2011, directing the Special Court to dispose of O.A.No.8 of 2001, pending on the file of the Special Court within three months. 6. The proceedings before the Special Court are admittedly still pending. In the mean time, the Finance Company appears to have submitted representations to the District Collector, complaining that the petitioner purchased the property on the specific understanding to repay the deposits and that since the petitioner failed to do so, the property should be restored to them. The petition so submitted by the Finance Company had been referred by the District Collector to the Deputy Superintendent of Police, Economic Offences Wing. It is on account of the said communication that the petitioner has come up with the above Writ Petition. 7. As pointed out earlier, the proceedings under the special enactment are now pending before the Special Court. Therefore, any relief that the petitioner seeks, should also be sought only before the Special Court and not before this Court. The Special Court has all the powers, both civil and criminal and hence, the prayer of the petitioner to this Court is not maintainable. Therefore, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar(CS) To 1. The District Collector, Dindigul District, Dindigul. 2. The District Revenue Officer, Dindigul. 3. The Deputy Superintendent of Police, Economic Offences Wing, Dindigul. +1cc to Special Government Pleader, SR.No.41865 +1cc to Mr.K.Ashok KumarRam, Advocate, SR.No.41894 ps GH : 12.12.2011 : 2p/6c W.P (MD)No.13565 of 2011 28.11.2011 https://hcservices.ecourts.gov.in/hcservices/