WP CRL.(MD)/4347/2026 of C.Subbaiah Vs THE ADDITIONAL DIRECTOR GENE on 15 September 2026

O R D E R

Heard both sides.

2. Mr. C. Susikumar, learned Government Advocate (Criminal Side) takes notice for respondents 1 to 3 and Mr. A. Sivasubramanian, learned Additional Government Pleader takes notice for the 4th respondent and Mr. A. Kannan, learned advocate takes notice for the 5th respondent.

3. This Writ Petition has been filed by one of the depositors, namely, C. Subbaiah from the New Raise Aalayam Finance making some allegations of irregularities in the Chit Funds

Company. The said Chit Fund Company purchased and acquired the “Ariyava Higher Secondary School, Madappuram” by the amount collected from the Chit. Now the said Chit Fund Company committed fraudulant activities and the police registered a case in Crime No.07/2022 and the school is run by the accused, who is the founder of the said Chit Fund therefore, this Writ Petition is filed to direct the official respondents to take necessary steps to seize the administrative control of “Ariyava Higher Secondary School, Madappuram” from the accused person in Crime No.07/2022, on the file of the 3rd respondent and hand over the same to the Hon'ble Retired Judge by considering the petitioner's representation dated 17.06.2026.

4. When this Writ Petition has come for admission on 18.08.2026, the District Revenue Officer, Sivagangai has been suo-moto impleaded and matter was adjourned for further orders. Again when the matter was taken up for consideration on 01.09.2026, further direction was issued directing the 5th respondent to hand over the school administration and all other charges of the subject school to the District Educational Officer, Sivagangai on 02.09.2026 morning itself.

5. When the matter was listed on 07.09.2026, the representing counsel for the 5th respondent Mr. Kannan, learned Advocate of this Court submitted that the 5th respondent handed over the school administration charges on 08.09.2026 to the District Educational Officer without affecting the rights to contest the O.A. No.41 of 2026, which is pending on the file of Special Court under the TNPID Act, Madurai.

6. At that date Mr. Gnanasekaran, learned Advocate intervened and submitted that, the school is run by the correspondent Mr. Kesavapandian and not by the 5th respondent Mr. Raja, therefore, he is going to file interim application.

7. When the matter was taken up today, the 5th respondent counsel Mr. Kannan filed a typed set of papers saying that as per his submission before this Court, he advised the 5th respondent to hand over the school administration to the District Educational Officer, Sivagangai. The 5th respondent has written letter dated 08.09.2026

to the District Educational Officer, Sivagangai District, saying that as per this Court order, he is handing over all the charges of “Ariyava Higher Secondary School, Madappuram” with immediate effect to enable the District Educational Officer to take over all the charges of the said school. Only through the post sent by the 5th respondent to the District Educational Officer, Sivagangi, he handed over the charge on his own.

8. The 5th respondent counsel in his submission, stated that the 5th respondent is the owner of the subject school, but there is no documentary evidence that the school stands in his name. Though the 5th respondent is the owner of the administration, Mr. Kesavapandian, principal of the school is running day-to-day administration. It is the duty of the 5th respondent to disclose the status of Kesavapandian is working in the school, but there is no clenching evidence in his letter dated 08.09.2026.

9. The learned Additional Government Pleader submitted that, except the letter referred by the petitioner's counsel, there is no such handing over of the charges of the said school by the 5th respondent by exchange of letter, registers, cheque book and others. Therefore, it is evasion of the Court's order.

10. Mr. Gananasekaran, learned Advocate filed impleading application of “Ariyava Higher Secondary School, Madappuram”, representing Mr. Kesavapandian. In the last hearing, the said counsel submitted that, the said Mr. Kesavapandian is correspondent of the school and today as per the impleading application, cause title shows he is secretary/administrator, let it be there.

11. The competent Special Court under the TNPID Act has seized of the matter in O.A. No.41 of 2026, in which, the District Revenue Officer filed application to make a interim attachment done by the Government in the referred Government Order as absolute. Since the matter is pending before the competent court, the impleading application is allowed and the petitioner in the impleading application in WMP.Crl.(MD).No.1195 of 2026 is added as 6th respondent in this proceedings.

12. In such view of the matter, this petition is closed. Liberty is given to all the parties concerned to approach the Special

Court under the TNPID Act to agitate their rights. So far as the District Educational Officer is concerned, he may file a report to the TNPID Court at once. 15.09.2026 Index :Yes/No Internet :Yes/No NCC :Yes/No psm To

1. The Additional Director General of Police, Economic Offences wing, Police Tranining College Campus, Ashok Nagar, Chennai.

2. The Superintendent of Police, Economic Offences wing, (South Zone), Police Tranining College Campus, Ashok Nagar, Chennai.

3. The Deputy Superintendent of Police / Investigating Officer (EOW) Economic Offences wing No.67/38 Thamizhnagar Mela Sothoorani

Sankarakkottai Ramanathapuram District.

4. The District Revenue Officer, Sivagangai.

5. The District Educational Officer, Sivagangai District.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR. P. MURUGAN, J.

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WP. CRL.(MD) No.4347 of 2026 15.09.2026