IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

1. P.Marutha Vinayagam

S/o.M.Pirmanayagam,

No.10, 8th Cross Street, New Colony,

Chrompet, Chennai 600044.

2.R.Indumathy

D/o. M.Ramasamy,

No.10, 8th Cross Street, New Colony,

Chrompet, Chennai - 600044.

Petitioner(s)

Vs.

1. The State of Tamilnadu

Rep. by the Additional Chief Secretary to

Government, Department of Home.

2.The Competent Authority and

District Revenue Officer,

Chennai District.

3.M/s. Thayagam Chit Fund Pvt. Ltd

No. 21, Siva Shanmugam Street,

First Floor, West Mambalam,

Chennai.

4.A. Nirmal Kumar

No. 304, Shopping INN Block,

Chitra residential Complex,

Choolaimedu High Road,

Chennai 600 094.

Respondent(s)

PRAYER: Petition filed under Article 227 of the Constitution of India, to set aside the impugned order passed by the learned Special Court under the TNPID Act, Chennai in unnumbered petition OA SR No.309/2025 dated 24.10.2025 to direct the Learned Special Court to number the petition.

For Petitioner(s): Mr.R.Vivekananthan For Respondent(s): Mr.A.Anandan Government Advocate for R1 & R2

ORDER

The petitioners are third parties to the proceedings pending in Crime No.2 of

2017 before the Economic Offences Wing (EOW).

2. Heard the learned counsel for the petitioners as well as the learned Government Advocate for the respondents 1 and 2.

3. The learned counsel for the petitioners state that the property of the 4th respondent was attached in Crime No.2 of 2017 in respect of an allegation of cheating the depositors of the valuable money to the tune of Rs.7,57,79,256/-. The depositors’ formed an association in the name and style of “Thayagam Chit Companiyal Bhadikkapattor Nala Sangam” and also got it registered in SPG/CS/168/2022. The 3rd respondent-chit fund company filed a writ petition before this Court in W.P.No.14608 of 2021, seeking to quash the FIR in Crime No.2 of 2017, in which, an undertaking was given to repay all the depositors and settle the dues.

This Court, while disposing of the writ petition, has directed the 3^rd respondent to sell the property, within a period of three months and also directs filing periodic reports to the EOW. In furtherance of the directions for the sale of the property, the 3rd respondent also caused advertisements for the sale of the property of the 3rd respondent as well as the 4th respondent. The property is in the name of the Director of the 3^rd respondent, who is the 4th respondent.

4. Further, he would state that the Thayagam Chit Companiyal Bhadikkapattor Nala Sangam comprising of all depositors also expressed their no objection for the sale of the property in order to settle the claims of the depositors. In furtherance of all these, the petitioners have entered into a sale agreement with the fourth respondent on 08.03.2024. The petitioners also approached the Inspector of the Economic Offences Wing and it is claimed by the petitioners that Inspector of the EOW has informed the petitioners that there was no legal objection for the sale of the property belonging to the 4th respondent, who is the Director of the 3rd respondent-chit fund company. He would further state that the 3rd respondent has already mortgaged the subject property belonging to the 4^th respondent and a sum of Rs.63,00,000/- was due to one Manjula Devi as Mortgagee. The petitioners have cleared the entire amount due over the subject property, to create a clear title for registration. The cancellation of Mortgage Deed has also been registered on 08.03.2024 and the mortgage claim in favour of the Mortgagee, Manjula Devi has also been fully discharged. On 01.04.2025, the Sangam has also given “No Objection Certificate” to the Sub Registrar Office, Pallavaram, to enable the registration of the property in favour of the revision petitioners. The petitioners have presented the documents on 13.06.2024 for registration of the subject property, reflecting the sale consideration of Rs.2,12,00,000/- before the Sub Registrar, Pallavaram. However, the Sub Re