Madras High Court

WP(MD)/29120/2026 of T.K.Visweswari Vs The Government of Tamil Nadu on 13 October 2026

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WP(MD) No. 29120 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 13-10-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR

RAMAMOORTHY

WP(MD) No. 29120 of 2026

CNR:{HCMD011443282026}

AND

T.K.Visweswari

..Petitioner(s)

Vs

1. The Government of Tamil Nadu

Rep by its Principal Secretary,

Home Department

Fort St. George, Secretariat

Chennai-600 009.

2. The District Revenue Officer

Kanyakumari District

..Respondent(s)

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari calling for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.C4/11329/2012, dated 02.09.2026 and published in the Kanyakumari District Gazette (Special Publication) dated 16.09.2026, insofar as the schedule mentioned properties comprised in S.Nos.596/6B

and 592/1 of Thiruvattar Village, Kanyakumari District and quash the same.

WP(MD) No. 29120 of 2026

For Petitioner(s):

M/s J.Anandhavalli

For Respondent(s):

Mr.C.Deepak

Additional Government Pleader

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ORDER

Asserting that the petitioner was not concerned with the affairs of the proprietary concern, namely, M/s.Krishna Bankers and that the properties described in the petition are owned by the petitioner, the petitioner seeks relief in relation to an auction sale proposed to be held in respect of the properties described in the petition.

2. Referring to order dated 01.08.2024 of this Court in C.M.A. (MD) No.904 of 2021 granting leave to the petitioner’s brother to approach the Special Court under the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1977, Madurai, learned counsel submits that the application was filed pursuant to leave granted by this Court by the petitioner’s brother and that the Court recognized that the petitioner’s brother had several properties to refund the entire liability. Because measures are being taken to bring the petitioner’s properties for sale, learned counsel contends that the petitioner was constrained to approach this Court.

3. Mr.C.Deepak, learned Additional Government Pleader, accepts

WP(MD) No. 29120 of 2026 notice for the respondents. After pointing out that the petitioner failed to challenge the Decree in O.S.No.10 of 2016, he submits that the petitioner could have impleaded herself in the said Civil Miscellaneous Appeal.

4. As pointed out on behalf of the respondents, the record shows that the petitioner did not challenge the Judgment and Decree in O.S.No.10 of 2016. Nonetheless, it is noticeable that the following was recorded while disposing of I.A.No.12 of 2025 by the Special Court: “10). On considering the entire aspect, it is evident that the petitioner is having sufficient property to refund the entire default liability. The value of the property which is subject to the attachment is not less than the value which is required for repayment of the petitioner for the financial establishment. Furthermore, the petitioner had settled the dues in concern with C.C.No. 23/2013 on the file of this Court and the same was disposed. In these cases also, he settled the dues to the several affected depositors and to that effect, they had given evidence before this Court. The aforesaid acts of the petitioner clearly discloses his bonafide intention to settle the dues to the affected depositors.”

5. Considering the above findings, it is just and necessary that the petitioner be permitted to approach the Special Court for relief in the changed facts and circumstances. By granting such leave, this Writ Petition is disposed of.

WP(MD) No. 29120 of 2026

6. For a period of fifteen (15) days from the date of receipt of a copy of this order, the auction sale in respect of the properties described in the petition shall not be confirmed in favour of the successful bidder. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd To

1. The Principal Secretary, Home Department Fort St. George, Secretariat Chennai-600 009.

2. The District Revenue Officer Kanyakumari District

WP(MD) No. 29120 of 2026 SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 29120 of 2026 AND

13-10-2026

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