IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 13/08/2004 CORAM THE HONOURABLE MR.JUSTICE A.K.RAJAN W.P.No.6563 of 1999 Surya Estate Finance Petitioner -Vs- 1. The State of Tamilnadu rep. by its Secretary to Government Law Department, Fort St.George, Chennai 600 009. 2.The Special Commissioner and Commissioner for Land Administration Chepauk, Chennai 600 005. 3.The Sub-Inspector of Police Central Crime Branch Chennai 600 008. 4.Surya Estate Group of Finance Mudaleettalargal Nala Sangam Reg.No.34/97 through its Vice President Yathindran 34, Burkit Road, T.Nagar Chennai 600 017. 5.S.Sitaraman R5 impleaded as per order dated 11.02.2004 in WPMP.No.44983 of 2003 Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, as stated therein. For Petitioner : Mr.S.Ramaswamy For Respondents: Mr.Suresh Viswanath Government Advocate for R1 to R3. Mr.K.Rajendran R-4 Mr.G.R.Swaminathan R5. :ORDER The prayer in this writ petition is for the issuance of a writ of Mandamus, directing the respondents 2 and 3 or any other statutory body in custody of the properties to deliver possession of the immovable and movable properties more particularly described in the petition schedule to an administrator or settlement committee consisting of the petitioner's representatives and fourth respondents' representatives to administer the business affairs of Surya Estate Finance and to frame a scheme. 2. This court by order dated 24.12.1999, appointed Mr.R. Arunagirinathan, as Advocate Commissioner to proceed with the sale of the landed properties. It is now understood that the Original documents relating to the property which were seized by the Police during the investigation is with the Commissioner, Land Revenue. 3. Though the Commissioner was appointed on 24.12.1999, the Commissioner has unable to discharge his duty as directed by this Court, because the necessary documents were not furnished to him. 4. Inasmuch as the Advocate Commissioner has been appointed for selling the property and to discharge all the depositors' claim, it is absolutely necessary that the original documents are handed over to the Commissioner. However, the second respondent has absolutely no reason to keep those documents. They have no power to keep those documents under TANPID Act and they have no power whatsoever except when they are ordered by the Court to take any action. Since in this case, the Advocate Commissioner has been appointed by the Court for taking necessary action, the second respondent is directed to hand over all the documents immediately within a period of one week from today. 5. In the result, the writ petition is disposed of on the above terms. No costs. Index :yes Internet:yes ksr To 1. The State of Tamilnadu rep. by its Secretary to Government Law Department, Fort St.George, Chennai 600 009. 2.The Special Commissioner and Commissioner for Land Administration Chepauk, Chennai 600 005. 3.The Sub-Inspector of Police Central Crime Branch Chennai 600 008. 