From,

(1) Mr. Natarajan

S/o. Venkataraman,
No.10/28, F5 Vijay Vihar apartments,
46th street Extension
Nanganallur,
Chennai- 600 061.

(2) Mr. K. Ponvel,

President, Thayagam Chit Companiyal Bhadikkapattor Nala Sangam,
Regd. SL No.: SRG/CS/168/2022
Having its Office at No. 51, 52,
Sabari Nagar, Mangadu,
Chennai- 600 122.
Ph.: 9600056677

To,

1. The Superintendent of Police,

No.2, Natesan Salai,
PTC, Ashok Nagar,
Chennai- 600 083.

2. Inspector of Police,
Govt. of Tamil Nadu Economic Offences Wing (EOW),
Ashok Pillar, Ashok Nagar,
Chennai - 600083 (Near Police Training College)

Sir,

Sub.: Representation against the prolonged inaction of Mr. Nirmal

Kumar Antony (Managing Director, M/s. Thayagam Chit Fund Pvt.
Ltd.) in settling the depositors (members of the association) and
honouring his promise of settlement as per Order dt. 04-07-2022
passed by his lordship Hon’ble Mr. Justice Sathi Kumar Sukumara
Kurup, Madras High Court in W.P.No.14608 of 2021 and
W.M.P.Nos.15487, 15489 & 15496 of 2021 and request to proceed
with further legal action in crime no. 2 of 2017 dt. 08-02-2017 - Reg.

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 1. We V. Natarajan - Defacto Complainant in Crime no.2 of 2017 and K.

Ponvel - the President of Thayagam Chit Companiyal Bhadikkapattor Nala

Sangam (Regd. SL No.: SRG/CS/168/2022) a society registered with the

Registrar of Societies, Chennai (South) and established on 24-02-2022 with

the sole objective of unifying the depositors who had been deceived by

Mr. Nirmal Kumar Antony (the managing director of M/s. Thayagam chit

funds Pvt. Ltd. and prime accused in crime no. 2 of 2017 dt. 08-02-2017

pending before your good selves) and seeking redressal on their behalf

through all available legal means.

2. I submit that I represent and defend the interest of over 250 members,

i.e., the depositors who lost their hard-earned money on account of the

winding up of business and operations of the aforementioned Chit fund

company formerly run and mismanaged by the accused Mr. Nirmal

Kumar Antony.

3. I submit that the said accused had moved the Hon’ble Madras High court

by filing W.P. No. 14608 of 2021 seeking a writ of certiorari to call for

records in Crime No. 2 of 2017 dt. 08-02-2017 pending on the file of the

second of you and quash the same. While the matter was pending

adjudication before the Hon’ble Madras High Court, I filed

W.M.P.No.15514 of 2022 on behalf of the society seeking to implead and

hear the society representing the depositors before adjudicating the Writ

Petition preferred by the accused. During the hearing of the case before

the Hon’ble Madras High Court on 04-07-2022, the counsel representing

the accused submitted that he was willing to settle the claims of the

depositors by selling his properties and giving the proceeds to the society

which is representing the interests of all the depositors. On behalf of the

society, it was submitted that it was more than willing to look into the
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 offer extended by the accused to settle the claims of depositors as it had

been more than 5 years since the winding up of the chit fund company by

the accused and the depositors were in extreme hardship for want of

money. The Hon’ble Judge, his lordship Mr. Justice Sathi Kumar Sukumara

Kurup who heard the submissions advanced by both sides had passed a

common order disposing of the writ petition and closing all the connected

miscellaneous petitions. The Operative portion of the order is extracted

herein below for your quick reference:

“Based on the submissions of the learned Counsel for the Petitioners in

W.P.No.14608 of 2021 and learned Counsel for the Petitioner in

W.M.P.No.15514 of 2022, the matter can be settled, if the claim of the

Petitioners in W.P.No.14608 of 2021 is a bona fide claim. Therefore, both

the parties are directed to approach the Investigation Officer. The Sub-

Inspector of Police of the investigation team is present before this Court.

She is directed to inform the Investigation Officer to summon the Petitioner

in W.M.P.No.15514 of 2022 and the Petitioner in W.P.No.14608 of 2021, if

the claim of the settlement is bona fide. Based on the report submitted by

the Investigation Officer, the District Revenue Officer concerned, who is the

Competent Authority, can record the settlement before laying the final

report. The District Revenue Officer concerned can settle the pending

dispute within a reasonable time of three months….”

4. I submit that in tune with the above order of the Hon’ble Madras High

Court, the society along with the accused approached the District Revenue

Officer (D.R.O), Chengalpattu and the first and second of you. In my

presence, the accused extended his offer to sell his properties and settle

the claims of the depositors. On behalf of the society, I agreed in principle

to the offer extended by the accused before your good self. A formal

written consent to the settlement offer extended by the accused was also

given to your good selves and the DRO.

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 5. I submit that the accused had intended to sell his palatial house at

Chromepet, Chennai and settle the claims of the depositors, who are

members of the society out of the proceeds received therefrom. For this

purpose, I on behalf of the society, extended my fullest co-operation

before the first and second of you and helped the accused in getting the

keys to his house to enable him to undertake maintenance works and put

the property for sale.

6. I submit that the accused had initially promised to sell the property in

three weeks and settle the claim of the depositors by the end of

November 2022. However, now despite the lapse of more than one and a

half years since his receipt of the keys to his house at Chromepet and

about 18 months since the above order of the Hon’ble Madras High Court,

the accused Mr. Nirmal Kumar Antony has failed to fulfil his promise of

settlement. This prolonged default on the part of the accused to settle the

depositors has put the society and its members (depositors) to great

suffering. The depositors i.e., the members of the society have been

deeply aggrieved by this prolonged inaction on the part of the accused in

settling them.

7. I submit that of late the accused Mr. Nirmal Kumar Antony has been

evasive in his response to the society and its counsel. He has stopped

giving concrete replies to the queries of the society’s office bearers and its

members. The accused even after missing several deadlines of promised

settlement has not come up with any definite plan to resolve the issue.

Further, I apprehend that the accused may handle the property in a

manner detrimental to the interests of the depositors of the society. I

submit that as far as I know, the above property is the only source

available with the accused to sell and settle the claims of the depositors. If

the same is used in any manner other than in furtherance of the interest

of the depositors, we all would be put to severe hardship. The accused by

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 dragging his feet in settling the depositors has not only willfully and

wantonly violated the aforementioned orders of the Hon’ble Madras High

Court, but he has also deceived your good selves and the members of the

society. Hence, I pray that your good selves forthwith get back the keys to

the property from the accused and continue with appropriate action

against the accused.

In light of the above, I request your good selves to forthwith proceed with

further legal action in crime no. 2 of 2017 dt. 08-02-2017 against the

accused for which I shall extend my fullest cooperation on behalf of the

society. On the other hand, please note that I would be left with no other option

than to approach the High Court if no further action is taken against the

accused.

Thanking you,

Mr. V.Natarajan
(Defacto Complainant in
Crime no.2 of 2017)

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