JUDGMENT : This Civil Miscellaneous Appeal has been filed by the appellant/third party as against the order, dated 06.01.2004 passed in Original Application in O.A.No.11 of 2003 by the learned Special Court under the Tamilnadu Protection of Interest of Depositors (in Financial Establishments) Act, 1997, Chennai. 2. Heard the learned counsel for the appellant and the learned counsel for the first respondent. 3. When the matter came up for hearing today, the learned counsel for the appellant relied upon the order of this Court, made in W.P.No.11076 of 2004, dated 06.07.2004, wherein, in respect of the very issue was considered by this Court in respect of item No.4 alone and this Court, after elaborate discussion, made the following order:- “5. A reading of the above provision makes it mandatory on the part of the Special Court to issue notice not only to the financial institution, but also to other persons whose property is attached under Section 3 and further the Court has to satisfy itself about the ownership of the property or the connection of the financial institution with the property so as to come to a conclusion that the property belongs to the financial institution or the property has been purchased by the financial institution in the name of some body else. But as seen from the impugned order of attachment made by the Special Court as well as the Government Order issued pursuant thereto, no such procedure has been followed. Admittedly, the petitioner has not been arrayed as a party and no notice, what so ever has been issued to him. It is also stated that the petitioner was not aware of the proceedings before the Special Court. It is evident from the orders that the competent authority has stated before the Court that he would produce the relevant documents and encumbrance certificate in respect of the property, but that has not been done. 6. It is also stated that the petitioner was not aware of the proceedings before the Special Court. It is evident from the orders that the competent authority has stated before the Court that he would produce the relevant documents and encumbrance certificate in respect of the property, but that has not been done. 6. Since the mandatory provisions have been very casually dealt with and a valuable opportunity to safeguard his property has been denied to the petitioner, I am of the view that the order impugned as well as the Government Order issued pursuant to the order passed by the Special Court has to be set aside and the same are hereby set aside in respect of item No.4 of list of immovable properties in the Government Order dated 01.10.2001 by allowing the writ petitioner for the above said reason. No costs. However, the petitioner cannot go scot-free with this order and the petitioner herein is hereby directed to appear before the Special Court on 26.07.2004 and make a claim in respect of the property, which is shown as item No.4 in the Government Order dated 05.10.2001 and thereafter the Special Court is directed to adjudicate and pass appropriate orders within a period of three weeks thereafter.” 4. The learned counsel for the appellant would submit that the facts are undisputed and in the present case, the petitioner challenges item No.5 of the government order dated 05.10.2001 and hence, he prayed for appropriate orders. 5. The learned Government Advocate was put on notice as to the order passed in W.P.No.11076 of 2004 dated 06.07.2004 and he has not objected in passing the same order in this civil miscellaneous appeal also. 6. Since the facts are undisputed and in the present case on hand, the petitioner challenges item No.5 of the list of immovable properties found in the government order dated 05.10.2001 coupled with the fact that the learned counsel for the petitioner submits that he stands in the same footing as that of W.P.No.11076 of 2004, dated 06.07.2004, by following the said order of this Court, dated 06.07.2004, this Court is of the view that the order impugned order dated 06.07.2004, passed by the Special Court has to be set aside and the same is hereby set aside in respect of item No.5 of list of immovable properties alone and accordingly, this civil miscellaneous appeal is allowed. No costs. No costs. Consequently, connected Miscellaneous petitions are closed. However, the appellant herein shall appear before the Special Court on 21.08.2017 and make a claim in respect of the item No.5 alone found in the Government Order dated 05.10.2001 and thereafter, the Special Court is directed to adjudicate the matter, on merits and in accordance with law and pass appropriate orders, within a period of three weeks, thereafter.