WP CRL.(MD)/4716/2026 of R. Ganesh Vs The State of Tamilnadu rep by on 15 September 2026

O R D E R

Heard both sides.

2. Mr. C. Susikumar, learned Government Advocate (Criminal Side), takes notice for the 1st, 2nd and 4th respondents and

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WP.CRL.(MD). No.4716 of 2026 Mr. A. Sivasubramanian, learned Additional Government Pleader, takes notice for the 3rd respondent.

3. The petitioner is one of the accused in Crime No.2 of 2021 on the file of the 4th respondent, who has filed the writ petition challenging the G.O.(4D)No.86, Home (Police-XIX) Department, dated 19.06.2026, passed by the 1st respondent, whereby the properties described in the schedule to the said Government Order, standing in the name of the petitioner were attached. The petitioner seeks to quash the said Government Order in so far as it relates to the properties belonging to him and to pass further orders.

4. The petitioner is one of the employee of the Best Growth City and B.G. Agri Farms Tamil Nadu Limited. It is alleged that both the companies had committed acts of cheating against the depositors as per the police case. Pursuant to the impugned Government Order, the Government attached the property of the petitioner, who is the employee of the said institutions. Therefore, the attachment is malafied. Though the other accused persons, who are the directors and partners of the said companies are also

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WP.CRL.(MD). No.4716 of 2026 available, their properties have not been attached. In this regard, the petitioner submitted a representation dated 25.08.2026. Since, no action was taken from the respondent, this Writ Petition has been filed.

5. When the matter came up before this Court, this Court asked the learned Additional Government Pleader as to whether, subsequent to the Government Order, any application had been filed before this Special Court under the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997 (TNPID Act), seeking to make the interim attachment absolute.

6. The learned Additional Government Pleader sought some time to get instruction from the official respondent and reported today that the competent authority, District Revenue Officer (DRO), Theni district has moved an application before the Special Court under the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997 (TNPID Act) Madurai, to make the interim attachment absolute. Since, there is a delay of 45 days in moving the said application condone delay

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WP.CRL.(MD). No.4716 of 2026 application, in I.A.No.125 of 2026, along with the main application to make the interim attachment absolute has been filed. The said application is stated to be posted for hearing on 28.09.2026.

7. In the said application, the petitioner herein has been shown as the 2nd respondent. The official respondents take instructions about the application to make the interim attachment absolute before the competent forum and submitted that all the affidavit of the application filed before this Court. As per the section 7 of the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, the person affected under the interim attachment may work out the remedy as prescribed therein.

8. The petitioner contends that though he has been shown as an accused in the FIR registered by the 4th respondent his individual property has been attached. If the property is no where connected to the two companies referred to above, it is left open to the petitioner to establish the same before the competent Special Court. Section 7 of the TNPID Act provides the procedure for dealing with the attachment, including varying, raising, modifying or

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WP.CRL.(MD). No.4716 of 2026 making the interim attachment absolute, as the case may be. Therefore, this Court is of the view that the petitioner has to work out his remedy before the Special Court constituted under the TNPID Act, which is the competent forum to adjudicate the issue. Therefore, the petitioner is granted liberty to agitate the matter before the Special Court under the TNPID Act.

9. With the above direction, this Writ Petition is disposed of. 15.09.2026 Index :Yes/No Internet :Yes/No NCC :Yes/No psm To

1. The Additional Chief Secretary to Government, Home (Police - XIX) Department, Secretariate, Chennai-9.

2. The Inspector General of Police, (i/c) Additional Director General of Police, Economic Offences Wing, Chennai 83.

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WP.CRL.(MD). No.4716 of 2026

3. The Competent Authority, District Revenue Officer, Theni District.

4. The Inspector of Police, Economic Offences Wing Theni District.

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

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WP.CRL.(MD). No.4716 of 2026

DR. P. MURUGAN, J.

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WP. CRL.(MD) No.4716 of 2026 15.09.2026

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