R.SAMPATH KUMAR Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) We have heard Mr.Nanda Kumar, learned counsel for the writ petitioner.

(2.) Instant Writ Miscellaneous Petition has been filed by two subscribers to a chit viz., Shri Jalagandeswarar Auto Finance. Properties of the latter have been brought for sale by e-auction sale notice dated NIL. Petitioners have further contended that the said finance company limited, has defrauded many subscribers and hence a case in Cr.No.2 of 2015 has been registered by the Inspector of Police, Economic Offences Wing-II, Vellore District against Mr.Siva and Mrs.Nandhini, husband and wife respectively, and that the matter is pending on the file of the learned Special Court for TNPID Act, Chennai

(3.) Contending interalia that when the property is attached by a competent authority, State Bank of India, Vellore District, 2nd respondent has brought the property for auction, the above subscribers have joined together and filed the instant Writ Miscellaneous Petition, seeking permission to file a single writ petition and consequently, prayed for a writ of declaration, declaring of the acts done in consonance with sale / auction notice dated 20.10.2017 by State Bank of India, Poigai Branch, Vellore District, 2nd respondent, as null and void. The petitioners have also sought for a mandamus, directing State Bank of India, Poigai Branch, Vellore District, not to interfere with the schedule property, in Old S.No.244 New Survey Nos.244/1B, and 244/1B3B situated at Poigai Village, Vellore District to an extent of 1069sq.ft., pending disposal of FIR registered in Crime No.2 of 2015.