Parivar Diaries & Allied Ltd v. Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :02.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 11032 of 2018 and W.M.P. No. 29420 of 2019 Parivar Diaries and Allied Limited and PDA Foundation Field Associates and Investors Tamil Nadu State Welfare Association Represented by its State General Secretary, N.A. Sundaram, 4/10, Siva Nagar Street, Lakshmi Sudaram Colony, G.T.N. Salai, Dindigul - 624 001.

... Petitioner -vs1. The Principal Secretary, Secretary to Government, Secretariat, St. George Fort, Chennai - 600 009.

2. The Director, Ministry of Corporate Affairs, Room No: 508 A, 5th Floor, "A" Wing, Shastri Bhawan, Rajendra Prasad Road,

3. SEBI (Head Office), Plot No: C4-A, G Block, Near Bank of India, Bandra Kurla Complex, Bandra East, Mumbai, Maharastra - 400 051.

4. SEBI (Chennai Branch Office), No: 32, D'Monte Colony, D'Monte BLDG, Alwarpet, TTK Road, Demonte Colony, Abiramapuram, Chennai - 600 018.

5. The Joint Director, Enforcement Authority of India, Shastri Bhawan, 3rd Floor, 3rd Block, B-Wing, No: 26, Haddows Road, Chennai.

6. Union of India, Rep. by its Director, Department of Financial Services, Ministry of Financial Services, 3rd Floor, Jeevan Deep Building, Sansad Marg,

7. Union of India, Rep. by its Principal Director General of Income Tax, Directorate General of Income Tax, (Intelligence and Crime Investigation), ITO (HQ) (I&CI)/E2 Ara Center, Jhandewalan Extension, New Delhi.

... Respondent (R2 to R7 are impleaded by order dated 02.07.2019 in W.M.P. No. 29420 of 2018) Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent to consider the Petitioner's representation dated 13.04.2016 and 19.03.2018 to implement the order passed by the SEBI dated 10.10.2017.

For Petitioner :

Mr. A. Muruganandam For Respondents:

Mr. R. Venkatesh, Government Advocate R1 MR.Venkatesh Babu, CGSC For R2, R5, R6 Mr.A.N. Jayaprathap R7 R3 & R4 - NA

O R D E R

When it is pointed out by the Learned Government Advocate appearing for the First Respondent that having regard to the nature of complaint made by the Petitioner in his representations dated 13.04.2016 and 19.03.2018, the First Respondent does not have any role to take any action on the basis of the order dated 10.10.2017 passed by the Third

Respondent, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition and he has made an endorsement to that effect, which is recorded. 2.

Accordingly, the Writ Petition is dismissed as withdrawn. It is submitted by the Learned Counsel for the Petitioner that the withdrawal of the Writ Petition ought not be construed as precluding the Petitioner from agitating his rights before the competent forum. It is needless to clarify here that no view has been expressed by this Court on the entitlement or correctness of the claim made by the Petitioner in this regard. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar vji To

1. The Principal Secretary, Secretary to Government, Secretariat, St. George Fort, Chennai - 600 009.

2. The Director, Ministry of Corporate Affairs, Room No: 508 A, 5th Floor, "A" Wing, Shastri Bhawan, Rajendra Prasad Road,

3. The Chairman, SEBI (Head Office), Plot No: C4-A, G Block, Near Bank of India, Bandra Kurla Complex, Bandra East, Mumbai, Maharastra - 400 051.

4. The Chairman, SEBI (Chennai Branch Office), No: 32, D'Monte Colony, D'Monte BLDG, Alwarpet, TTK Road, Demonte Colony, Abiramapuram, Chennai - 600 018.

5. The Joint Director, Enforcement Authority of India, Shastri Bhawan, 3rd Floor, 3rd Block, B-Wing, No: 26, Haddows Road, Chennai.

6. The Director, Government of India, Department of Financial Services, Ministry of Financial Services, 3rd Floor, Jeevan Deep Building, Sansad Marg,

7. Principal Director General of Income Tax to the Government of India, Directorate General of Income Tax, (Intelligence and Crime Investigation), ITO (HQ) (I&CI)/E2 Ara Center, Jhandewalan Extension, New Delhi.

+1cc to Mr.Venkatasamy Babu, Advocate, S.R.No. 55174 +1cc to Mr.A.Muruganandan, Advocate, S.R.No. 55227 +1cc to Mr.A.P.Srinivas, Advocate, S.R.No. 55051 W.P. No. 11032 of 2018 NR(CO) GN(30/07/2019)