S.Srividhya v. The Deputy Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN S.Srividhya ... Petitioner Vs.

The Deputy Director, Office of the Joint Director, Directorate of Enforcement, Chennai Zonal Offi ce, 3rd Floor, C Block, Murugesa Naicker Complex, 84 Greames Road, Chennai - 600 006.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records relating to the order bearing No.06/2016 under File No.ECIR/ 08/ CEZO/2014 dated 21.3.2016 of the respondent in respect of the property as set out in the Schedule hereunder and quash the same.

For Petitioner : Mr.R.Subramanian for Mr.K.C.Vimal Sarathy For Respondents : Mr.N.Ramesh Special Public Prosecutor for ED

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition on hand has been instituted to assail the provisional attachment order bearing No.06/2016 dated 21.3.2016 issued by the Deputy Director, Directorate of Enforcement under Sub Section 1 of Section 5 of Prevention of Money Laundering Act, 2002.

2.

It is not in dispute between the parties that the provisional attachment order impugned in the present Writ Petition was confirmed by the Adjudicating Authority under Section 8 of PMLA, 2002 in proceeding dated 09.09.2016. Challenging the said confirmation order of the Adjudicating Authority, the petitioner preferred an Appeal under Section 26 of the PMLA before the Appellate Tribunal.

3.

Therefore, the grounds raised by the petitioner can be adjudicated in the statutory appeal preferred under Section 26 of PMLA and the petitioner is at liberty to do so.

4.

With these observations, the Writ Petition stands dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition, if

any, is closed.

[S.M.S., J.] [M.J.R., J.] 11.11.2024 Index: Yes/No Speaking/Non-speaking order gd

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

gd To The Deputy Director, Office of the Joint Director, Directorate of Enforcement, Chennai Zonal Offi ce, 3rd Floor, C Block, Murugesa Naicker Complex, 84 Greames Road, Chennai - 600 006.

11.11.2024