SIRAGIRI FARMS INDIA PVT. LTD. Vs. STATE

JUDGEMENT

(1.) This Writ Petition is filed to issue a Writ of Mandamus directing the respondents to remove the attachment and return the original document of the petitioner bearing document No.1372 of 2012, dtd. 17/5/2012, in (Old Survey No.164) New Subdivision urP /60/1, (Old Resurvey No.163, 164), SubRegistrar, Chennimalai, Erode District and remove the encumbrance entries in respect of the same, pending before the third respondent.

(2.) The learned counsel for the petitioners submitted that the petitioners are accused in C.C.No.3 of 2015, on the file of the Special Judge, Special Court under Tamil Nadu Protection of Interest of Depositor Act, 1997, Coimbatore. The petitioners filed Crl.O.P.No.20027 of 2021 before this Court for quashing of the proceedings in the above C.C.No.3 of 2015. This Court, on 2/2/2022, allowed the petition and quashed the proceedings in C.C.No.3 of 2015 against the petitioners. Thereafter, petitioners filed O.A.No.4 of 2022 CNR.No.TNCB06-000265-2022 in O.A.No.38 of 2016 for raising interim attachment on the immovable petition mentioned property under Order XXI Rule 55 C.P.C. r/w Sec. 151 C.P.C. The learned Special Judge, Special Court under TNPID Act, Coimbatore, considering that the proceedings against the petitioners was quashed and that no purpose will be served by keeping the attachment over the property of the petitioners, ordered the attachment order passed in O.A.No.38 of 2016, dtd. 4/4/2017 to be raised. On the basis of this order, second petitioner sent a representation to the second respondent on 29/4/2022 for raising of the attachment. Till date, no steps had been taken by the respondents leading to the filing of this petition.

(3.) The learned Government Advocate (Crl.Side) submitted that the depositors have been settled and requested the Court to pass appropriate orders.