Mrs.S.Kavitha v. Joint Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2016

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P. Nos.41020 and 41021 of 2015 Mrs.S.Kavitha ... Petitioner in W.P. No. 41020 of 2015 R.Viswanathan

...Petitioner in W.P. No. 41021 of 2015

Vs.

1. The Joint Director, Directorate of Enforcement, Chennai Zonal Office, 3rd Floor, C Block, Murugesa Naicker Complex, No. 84, Greams Road, Chennai.6

2. The Chairperson, Adjudicating Authority, PMLA, Room, No. 26, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi.110 001 ... Respondents in both writ petitions Prayer in W.P. Nos. 41020 and 41021 of 2015: Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus forbearing the 2nd respondent from concluding the adjudication proceedings pending before the said authority in O.C. No. 519/2015, without affording reasonable, sufficient and effective opportunity to contest the provisional attachment order No. 11/2015 dated 02.09.2015 made against the petitioners properties. (in both WPS) For Petitioners : Mr.B.Satish Kumar.

For Respondents : Mr.G.Heman, Central Govt. Standing Counsel COMMON ORDER As the issues involved in both the writ petitions are one and the same, they have been taken up together and disposed of by a common order.

2. These writ petitions have been filed by the petitioners seeking issuance of a writ of mandamus forbearing the 2nd respondent from concluding the adjudication of proceedings pending in O.C.No. 519/2015 without affording an opportunity of reasonable hearing to the petitioners.

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3. Heard the learned counsel appearing for the petitioners and the learned Central Government Standing Counsel for the respondents.

4. It is seen that the learned counsel for the petitioner has filed his vakalat and written statement. It is submitted by the learned counsel for the respondent No. 2 that the matter is posted for hearing on 28.02.2016.

5. Considering the same, the present writ petitions are disposed of by directing the respondent No. 2 to conclude the pending adjudication of proceedings in O.C.No. 519/2015 on or before 28.02.2016. It is needless to state that while passing appropriate orders, the respondent No. 2 will have to consider the case of the petitioner with reasons.

6. With the above direction, the writ petitions are disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar rms To

1. The Joint Director, Directorate of Enforcement, Chennai Zonal Office, 3rd Floor, C Block, Murugesa Naicker Complex, No. 84, Greams Road, Chennai.6

2. The Chairperson, Adjudicating Authority, PMLA, Room, No. 26, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi. 110 001 1 cc to Mr.B.Satish Sundar, Advocate, Sr. 4204 1 cc to Mr.G. Hema, Advocate, sr. 4231 W.P. Nos.41020 and 41021 of 2015 CTK (CO) kk 4/2 https://hcservices.ecourts.gov.in/hcservices/