ANDALAMMAL Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) With the consent of both parties, this writ petition is taken up for finaly hearing.

(2.) The 4th Respondent is a partner in the business and the Partnership Firm received deposits from public and failed to return the deposits. Therefore, a case was registered by the 3rd Respondent against the said Partnership Firm and its partners as per the Provisions of Tamil Nadu Act 44 of 1997 and in pursuance of the power under Section 3 of the said Act, the 1st Respondent passed an interim order of attachment of the immoveable properties described in the schedule thereto which according to the 1st Respondent are the properties belonging to the partners of the said Firm. The 1st Respondent by order dated 4.12.2008 appointed the 2nd Respondent as the Competent Authority and transferred to him all the assets of the Partnership Firm and its partners to take further action as per Section 4 of the said Act. The Petitioners challenged the order of ad-interim attachment passed by the 1st Respondent made in G.O. Ms. No. 1612 Home (Police-XIX) Department, dated 4.12.2008 in so far as the land bearing Survey No. 2592/20 to an extent of 6422 Sq.ft., described as Item 3 to the schedule attached to the impugned order, in this Writ Petition.

(3.) Mr. S. Subbiah, the learned Counsel for the Petitioners submitted that Item 3 of the property mentioned in the impugned attachment order originally belonged to S. Krishnaswamy Naicker and he purchased the same under registered sale deed dated 30.5.1990. He died leaving behind the Petitioners and the 4th Respondent as his heirs and the 4th Respondent is entitled to l/9th share in the property. Therefore, even assuming that the attachment order can be made against that property that can be confined only to 1/9th share of the 4th Respondent and the entire property cannot be attached. He further submitted that as per Section 4(3) of the said Act, on receipt of the Government order passed under Section 3 of the Act, the 2nd Respondent who is the Competent Authority shall apply within 30 days to the Special Court constituted under the Act for making the ad-interim order of attachment absolute. He therefore, submitted that no application was made within 30 days from the date of impugned order before the Special Court by the 2nd Respondent and therefore, the attachment cannot have any legal effect.