P KANDASAMY Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioners have filed the writ petition praying for the issue of a writ of Certiorari calling for the records relating to the proceedings in G.O.Ms.No: 400 dated 13.5.2003 of the Secretary to Government of Tamil Nadu, Home (Courts II-A) Department, Secretariat, Chennai and quash the same in so far as the properties belonging to them.

(2.) It is the case of the petitioners that the they have purchased the properties in their name and they do not stand in the name of the financial establishment viz., M/s.Kannagi Finance Corporation or its subsidiaries, or its members. There is no material to show that the properties were purchased out of the deposits collected from the depositors and that they are not even partners or members of the Financial Establishment, nor they are connected in any manner with the affairs of the financial establishment.

(3.) However, the second respondent initiated penal proceedings against the said financial institution under the provisions of the Tamil Nadu Protection of Interest of Depositors (in Financial Establishments) Act, 1997, (hereinafter referred to as the 'Act'), pursuant to which the first respondent issued G.O.Ms.No.400, dated 13.5.2003 for interim attachment of the properties of the petitioners invoking Section 3 of the Act. Hence, the above writ petition.