K.C. Palanisamy v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.A.No.1540 of 2017 and C.M.P.No.20219 of 2017 K.C.Palanisamy ..

Appellant/Petitioner

Versus

1. Union of India, rep. by the Secretary, Finance Department, New Delhi.

2. The Assistant Director, Directorate of Enforcement, Delhi Zone (FEMA/PMLA) MTNL Building, 1st and 2nd Floor, Government of India, New Delhi 110 002 ...

Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 01.11.2017 passed in W.P.No.21939 of 2017 on the file of this Court.

W.P.No.21939 of 2017 : Writ Petition filed under article 226 of the constitution of India praying for issuance of writ of certiorari to call for the records in pursuance of F.No. E.CIR/01/DL20/2016AD/BKS registered under the provisions of money laundering Act 2002 (15 of 2003) dated 25.07.2017 and 08.08.2017 issued by the Second respondent and quash the same. For appellant : Mr.B.Kumar, Senior Counsel for M/s.Waraon and Sai Rams For R1 : Mrs.Anandhagomathy for M/s.T.S.Gopalan & Co.

For R2 : Mrs.G.Hema

JUDGMENT

(Judgment of the court was made by K.KALYANASUNDARAM, J.) Heard Mr.B.Kumar, learned Senior Counsel, representing M/s.Waron and Sai Rams, learned counsel on record for the appellant; Mrs.Anandhagomathy, learned counsel, representing M/s.T.S.Gopalan & Co., learned counsel on record for the first respondent;

Mrs.G.Hema, learned counsel for the second respondent and perused the materials available on record.

2. This Writ Appeal has been preferred against the order of the learned Single Judge passed in W.P.No.21939 of 2017, dated 01.11.2017.

3. The Writ Petition was filed challenging the summons issued by the Enforcement Director, Ministry of Finance, Government of India, calling upon the appellant to appear for enquiry on 03.08.2016 and 22.08.2017.

4. It is now represented by the learned counsel for the appellant that during the pendency of the Writ Appeal, the appellant had appeared before the respondents and gave statements and hence, the prayer sought for in the Writ Appeal has become infructuous.

5. The learned counsel for the respondents also submitted that pursuant to the summons, the appellant appeared for enquiry and gave statements and he was cooperative during the enquiry.

6. In view of the above fact, we are of the considered opinion that no further adjudication is required in this Writ Appeal. Hence, the Writ Appeal is disposed of. There is no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ssk / r n s To:

1.The Secretary, Union of India, Finance Department, New Delhi.

2. The Assistant Director, Directorate of Enforcement, Delhi Zone (FEMA/PMLA) MTNL Building, 1st and 2nd Floor, Government of India, New Delhi 110 002.

+1cc to Mr.Waran & Sai Rams, Advocate, S.R.No. 59205 +1cc to Mr.G.Hema, Advocate, S.R.No.58696 W.A.No.1540 of 2017 NMI(CO) GN(20/09/2018)