N.Jayamurugan v. The Directorate Of Enforcement

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2021 Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM W.P.No.41924 of 2016 N.Jayamurugan .. Petitioner Vs.

1.Directorate of Enforcement, Represented by its Director, Government of India, 6th Floor, Lok Naik Bhavan, Khan Market, New Delhi - 110 003.

2.The Assistant Director, Directorate of Enforcement, Cochin Zonal Office, "Kanoos Castle", A.K.Sheshadri Road, (Mullasery Canal Road - West), Cochin - 682 011.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of declaration to declare that in the absence of offences under Section 120-B IPC and Lotteries (Regulation) Act, 1998 and the Lotteries (Regulation) Rules, 2010 being scheduled offences within the meaning of Section 2(y) of Prevention of Money Laundering Act, 2002, in the year 2007, the Enforcement Directorate will have no jurisdiction over th petitioner to conduct investigation against him and proceed against him for the offence of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 or attach his properties under Section 5 of the Prevention of Money Laundering Act, 2002.

For Petitioner : Mr.A.Ramesh, Senior Counsel & Mr.Sathish Parasaran, Senior Counsel for Mr.N.R.R.Arun Natarajan For Respondents: Mr.N.Ramesh Special Public Prosecutor (ED) https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] In view of the order passed by a Division Bench of this Court in John Kennedy and others Vs. Joint Director1, this writ petition is dismissed as not maintainable. Liberty is given to the petitioner to work out his remedy in the manner know to law before the appropriate forum.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar nsd To 1.The Director Directorate of Enforcement, Government of India, 6th Floor, Lok Naik Bhavan, Khan Market, New Delhi - 110 003.

2.The Assistant Director, Directorate of Enforcement, Cochin Zonal Office, "Kanoos Castle", A.K.Sheshadri Road, (Mullasery Canal Road - West), Cochin - 682 011.

3.The Public Prosecutor, Madras High Court, Chennai - 600 104.

W.P.No.41924 of 2016 RSI(CO) SP(03/03/2021) W.P.Nos.25177 and 25231 of 2019 decided on 17.12.2020 https://hcservices.ecourts.gov.in/hcservices/