A.PACKIYAMARY Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) This Writ Petition has been filed praying for issuance of a Writ of Mandamus, directing the first respondent to take action against the third respondent's properties in Patta Nos.712, 713 and 714, situated at Kottappatti Revenue Village, Sivagangai District and attach the same under Sections 3 and 4 of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997 [hereinafter referred to as ''the TNPID Act''], in respect of case in Crime No.1 of 2019, on the file of the second respondent, by considering the petitioner's representation dated 17.07.2020.

(2.) The case of the petitioner is that in the year of 2012, the third respondent herein through their Agents, approached the petitioner and informed that their Company viz., M/s.Jeevan Property Promoter India Limited is having good reputation in property Promoter's field and if an amount is deposited by monthly basis about 60 months or in full, they will return the money with high interest. By believing their sugarcoated words, the petitioner deposited Rs.3,28,750/- with the third respondent Financial Establishment in her name and also in the name of her husband. Likewise, some of the persons, who are residing in the Village, in which, the petitioner is residing, deposited a huge amount. After attaining the maturity period, the third respondent did not return the deposit amount with interest. In order to defraud the depositors, the third respondent issued false notice in the Newspapers that they appointed a Liquidator and requested the customers to submit the records for settlement. But, they failed to settle the money and threatened the customers with dire consequences. Thus, a criminal case has been registered against the third respondent in Crime No.79 of 2018, dated 09.02.2018, for the offences punishable under Sections 420 , 294(b) and 506(ii) of I.P.C., on the file of the Sivagangai Town Police Station.

(3.) The further case of the petitioner is that since the occurrence place is within the Trichy Region, some of the depositors lodged a complaint before the second respondent viz., the Inspector of Police, Economic Offence Wing - II, Madurai - 14 and based on which, the second respondent has also registered one another criminal case in Crime No.1 of 2012, for the offences punishable under Sections 406 , 420 and 120-B of IPC and Section 5 of the TNPID Act against the third respondent and the same is pending. Only in the said circumstances, the petitioner came to know that some of the properties situated in Patta Nos.712, 713 and 714 are belong to the third respondent and the third respondent attempted to sell the same in a backdoor method without informing that the said properties belong to them. Further, the third respondent created an encumbrance and executed a General Power of Attorney Deed in respect of those properties to one Arulsamy, Kennedy, Muthukumar, Sirumalarselvi and Alakimeenal, vide Document No.1445 of 2018, on the file of the Mathakuppatti Sub-Registrar Office. Therefore, the petitioner herein on 17.07.2020 sent a detailed representation to the respondents 1 and 2 with a request to take action as per Sections 3 and 4 of the TNPID Act. But, no action has been taken so far. Hence, the petitioner has approached this Court for the relief stated supra.