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2025 DAILYLAW 23535 (MAD)

MATHESAN v. STATE OF TAMILNADU

WP/4983/2025 · 2025-02-13

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

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W.P.No.4983 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.02.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4983 of 2025 and W.M.P.No.5531 of 2025 1. Mathesan 2. M.Chellamuthu 3. P.Siddhamalai 4. Jeyaprakash 5. N.Raja 6. S.Nachimuthu 7. S.P.Murugesan ... Petitioners Vs 1. State of Tamilnadu, Represented By Principal Secretary, Home(Police XIX )Department, Fort St.George, Chennai-5. 2. The District Revenue Officer, Salem. 3. The Deputy Superintendent of Police, Economic Offences Wing-II, Salem District. 4. M/s.Mettur Cauvery Finance, No.9/52, Square Market, Mettur Dam-1, Salem District. 5. M/s.Annai Cauvery Finance, https://www.mhc.tn.gov.in/judis W.P.No.4983 of 2025 No.9/52,Square Market, Mettur Dam-1, Salem District. 6. M/s.Sri Cauvery Finance, No.9/52,Square Market, Mettur Dam-1, Salem District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to sell the properties attached under G.O.Ms.No.713(Police XIX)Department dated 11.08.2010 as made absolute by order in O.A.No.6 of 2010 dated 18.04.2013 passed by the Special Court, TNPID cases, Coimbatore in public auction and to effect equitable distribution of the sale proceeds to the petitioners towards interest due at the contractual rate of 15 percentage P.A on the principal amount disbursed by the second respondent as directed by the Special Court, TNPID cases, Coimbatore in O.A.No.2 of 2021 dated 06.10.2022 within a time frame that may be fixed by this Hon'ble Court. For Petitioners : Mr.R.Tholgappian For R1 and R2 : Mr.P.Balathandayutham Special Government Pleader For R3 : Mr.R.Vinothraja Government Advocate (Crl.side) ORDER This Writ Petition has been filed for direction directing the respondents 1 and 2 to sell the properties attached under G.O.Ms.No.713(Police XIX)Department dated 11.08.2010 as made absolute by order in O.A.No.6 of 2010 dated 18.04.2013 passed by the Special Court, TNPID cases, Coimbatore in public auction and to effect equitable distribution of the sale proceeds to the https://www.mhc.tn.gov.in/judis W.P.No.4983 of 2025 petitioners towards interest due at the contractual rate of 15 percentage P.A on the principal amount disbursed by the second respondent as directed by the Special Court, TNPID cases, Coimbatore in O.A.No.2 of 2021 dated 06.10.2022 within a time frame that may be fixed by this Hon'ble Court. 2. Heard the learned counsel for the petitioners, the learned Special Government Pleader for the respondents 1 and 2 and the learned Government Advocate (Crl.side) for the third respondent and perused the materials available on record. 3. Without expressing any opinion on the merits of the writ petition, the second respondent is directed to sell the properties attached under G.O.Ms.No.713(Police XIX)Department dated 11.08.2010 as made absolute by order in O.A.No.6 of 2010 dated 18.04.2013 passed by the Special Court, TNPID cases, Coimbatore in public auction and to effect equitable distribution of the sale proceeds to the petitioners towards interest due at the contractual rate of 15 percentage P.A on the principal amount disbursed by the second respondent as directed by the Special Court, TNPID cases, Coimbatore in O.A.No.2 of 2021 dated 06.10.2022, within a period of twelve weeks from the date of receipt of a copy of this order. https://www.mhc.tn.gov.in/judis W.P.No.4983 of 2025 4. With the above direction, this Writ Petition petition is disposed of. Consequently, connected Miscellaneous petition is closed. No costs. 13.02.2025 (1/4) Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order mn https://www.mhc.tn.gov.in/judis W.P.No.4983 of 2025 To 1. The Special Court, TNPID cases, Coimbatore. 2. The Principal Secretary, Home(Police XIX )Department, Fort St.George, Chennai-5. 3. The District Revenue Officer, Salem. 4. The Deputy Superintendent of Police, Economic Offences Wing-II, Salem District. 5. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis W.P.No.4983 of 2025 G.K.ILANTHIRAIYAN. J, mn W.P.No.4983 of 2025 13.02.2025 https://www.mhc.tn.gov.in/judis