Madras High Court
CRP/5610/2026 of G.Natarajan Vs The Competent Authority on 24 September 2026
CRP No. 5610 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-09-2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI
CRP No. 5610 of 2026
CNR:{HCMA011944442026}
1. G.Natarajan
S/oGurusamy Naidu, D.No.6, Madathur
Village, Kozhumam Post, Udumalpet
Taluk, Tiruppur District. (Formerly
Coimbatore District)
Petitioner(s)
Vs
1. The Competent Authority
Commissioner, Land Administration
Department, Chepauk, Chennai -600 005.
2.TVl.Kamal Spinners,
No.50/3, Elaiamuthur Road, Bodipatty,
Udumalpet, Coimbatore District, Rep.by
Sl.No.3, Thiru palanisamy, Managing
Partner.
3.TVL.Kamal Finance and Investments,
No.50/3, Elaiamuthur Road, Bodipatty,
Udumalpet, Coimbatore District, Rep.by
Sl.No.3, Thiru.Palanisamy, Managing
partner.
4.palanisamy,
So Kandasamy, D.No.9/1B, P.K.S.House,
Bharathiar Street, Sureswaranpatti Post, Pollachi, Coimbatore District- 642 206.
5.Lalitha
CRP No. 5610 of 2026
w/o K.Palanisamy, D.No.9/1B,
P.K.S.House, Bharathiar Street,
Sureswaranpatti Post, Pollachi, Coimbatore District- 642 206.
6.Indhirani,
W/o Late Govindaraj, residing at
D.No.9/66, Veerasamy Nagar, Pozhumum
Post, Udumalpet Taluk, coimbatore District.
7.Madhan,
s/o Late Govindaraj, residing at D.No.9/66, Veerasamy Nagar, Pozhumum Post, Udumalpet Taluk, coimbatore District.
8.Nataraj,
S/o R.Vellappa Naidu, Karadikottam, Palani Tk, Dindigul Dt.
9.L.Chidambaram,
s/o Lakshmana Gounder, Udumalpet Taluk,
Tiruppur District. L.Muthusamy (died)
rep.by his legal heirs, Respondents 11 to 15)
10.L.Chinnamani,
W/o Late L,Muthusamy, residing at 175,
Palaniandavar Nagar, Udumalpet, Tirupur
District.
11.Guganathan,
S/o Late L,Muthusamy, residing at 175,
Palaniandavar Nagar, Udumalpet, Tirupur
District.
12.M.Vani,
D/o Late L.Muthusamy, 16/2, Sree
Selvavinayagar Enclave, N.G.O.School
Backside, V.Ramasamy Gounder nagar,
Kalapatti Main Road, Coimbatore- 641 048.
13.M.Rani,
D/o Muthusamy, Plot No.25, Raja Nagar,
Police Quarters Road, Ganapathy,
coimbatore 641 006.
Respondent(s)
CRP No. 5610 of 2026
Revision Petition filed under Article 227 of the Constitution of India against the Docket Order dated 03.08.2026 in O.A.SR.No.378 of 2026 passed by the Hon’ble Special Judge under TNPID Act, 1997, Chennai.
For Petitioner(s):
Mr.R.Marudhachalamurthy
For Respondent(s):
Mr. P. Sunil
Government Advocate
For R1
R2 To R13 - Notice Dispensed With
(vide Court Order Dt. 07/10/2026)
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ORDER
Heard Mr.R.Marudhachalamurthy, learned counsel for the petitioner and Mr.P.Sunil, learned Government Advocate for the first respondent.
2. The petitioner is challenging the Docket Order dated 03.08.2026 in O.A.SR.No.378 of 2026 before the Court of Special Judge acting under TNPID Act, 1997.
3. The petitioner has moved an application for raising the order of attachment based on the order of the acquittal granted in CC No.26 of 2001 by the Special Judge, TNPID Court on 04.04.2003. The trial Court has returned the application citing filing of CMA No.828 of 2005 which came to be dismissed on 07.12.2010 for maintainability of
CRP No. 5610 of 2026 the application for raising the order of attachment. However, learned counsel for the petitioner brings to my notice that the petitioner has also moved this Court in WP No.6425 of 2025 and this Court dismissed the writ petition on 24.02.2025 finding that the proper remedy available to the petitioner was to approach the trial Court for relief. It is only subsequent to the dismissal of the writ petition dated 24.02.2025, O.A.SR No.378 of 2026 was filed before the Court of Special Judge, TNPID Act.
4. In the light of the above, I do not see how the Court was justified in returning the application as not maintainable and putting an earlier dismissal of CMA No.828 of 2005 dated 07.12.2010 against the petitioner and refusing to number the application on the ground of res judicata.
5. Firstly, as rightly pointed out by Mr.R.Marudhachalamurthy, when the petitioner has been acquitted in the main case in CC No.26 of 2001 itself on 04.04.2003, there has been change in circumstance and it is always for the petitioner to establish that when he cannot be accused of any criminal offence or act under TNPID Act, then, his property cannot suffer attachment.
6. In terms of G.O.Ms.198 Home (Courts IIA) Department dated 11.03.2002,
CRP No. 5610 of 2026 interim attachment of the petitioner’s property was ordered on 11.03.2002. It is only subsequently that the petitioner was acquitted in CC No.26 of 2001 and merely because CMA No.828 of 2005 was dismissed for default, it is not an order on merits especially when there has been a subsequent change of circumstance viz., acquittal of the petitioner in CC No.26 of 2001 on 04.04.2003. Therefore, the TNPID Court ought not to have returned the application as not maintainable on the ground of res judicata. The petitioner is entitled to request the Court for raising of the order of the attachment in the light of his acquittal in CC No.26 of 2001 by order dated 04.04.2003.
7. The Civil Revision Petition is allowed. The return dated 03.08.2026 is set aside.
8. Registry is directed to return the original O.A.SR No.378 of 2026 to the learned counsel for the petitioner to be represented before the Special Court under the TNPID Act within a period of two weeks from the date of receipt of the original copies from the Registry which shall be returned to the learned counsel for the petitioner within a week from the date of the order copy being uploaded in the High Court Website.
9. On such representation, without putting res judicata against the petitioner,
CRP No. 5610 of 2026 P.B.BALAJI.,J sr the application shall be taken on file and disposed of on merits within a period of eight weeks after hearing the objections of the prosecution. No costs. 24.09.2026 Index:yes/no Website:yes/no Speaking Order/Non-speaking Order sr To The Special Court under TNPID Act, 1997, Chennai. CRP No. 5610 of 2026