Madras High CourtWP/21939/2017disposed of

K.C.Palanisamy v. Union Of India

2017-11-01Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.21939 of 2017 and WMP No.22981 of 2017 K.C.Palanisamy .. Petitioner Vs.

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 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.ECIR/01/DLZO/2016/AD/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 Petitioner : Mr.B.Kumar Senior Counsel for M/s.Waraon and Sai Rams For Respondents : Ms.G.Hema Special Public Prosecutor (Enforcement)

O R D E R

The present writ petition is filed challenging the order of summons issued by the Enforcement Director, Ministry of Finance, Government of India, calling upon the petitioner to appear on 03.08.2016 and 22.08.2017 respectively.

2.Though Mr.B.Kumar, learned Senior Counsel appearing for the petitioner sought to raise very many grounds on the merits of the matter questioning the issuance of summons, this Court, at this stage, is not inclined to entertain all his contentions, for the simple reason that it is only a summon issued to the petitioner for making his appearance and giving statement and also producing documents, as sought for in the Annexure-'A'. Therefore, it is for the petitioner to appear and give statement and produce document, as sought for by the Enforcement Directorate.

3. It is submitted by the learned counsel for the respondent that in pursuant to the impugned summons, the petitioner had appeared and the enquiry is still going on. When such being the position, I do not find that this writ petition can be entertained further to decide the merits of the matter as

raised by the petitioner. Accordingly, this writ petition is disposed of, with a direction to the petitioner to cooperate with the enquiry. As and when any order is passed and if such an order is adverse to the petitioner, it is open to him to challenge the same in the manner known to law before the appropriate forum. No costs. The connected miscellaneous petition is closed. 01.11.2017 Speaking/Non Speaking Index:Yes/No vri To 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.

K.RAVICHANDRABAABU,J.

vri W.P.No.21939 of 2017 01.11.2017