Mrs.M.Leema Rose, v. The Special Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice V.SIVAGNANAM W.P.No.18094 of 2018 and W.M.P.No.21373 of 2018 M.Leema Rose .. Petitioner Vs.
1.The Special Director Directorate of Enforcement Southern Region, Shastri Bhawan, 3rd Floor, 3rd Block, B-Wing, No.26, Haddows Road, Chennai - 600006.
2.The Joint Director, Directorate of Enforcement Cochin Zonal Office, 3.The Deputy Director, Directorate of Enforcement Cochin Zonal Office 4.The Assistant Director, Directorate of Enforcement Cochin Zonal Office .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration to declare that the Enforcement Directorate/respondents herein have no jurisdiction to initiate proceedings as against the petitioner under the Prevention of Money Laundering Act, 2002 and consequently forbear the respondents from taking any proceedings against the petitioner pursuant to summons issued in Ref.No.F.No.ECIR/04/KCZO/2014/715 dated 25.05.2018 by the third respondent and by issuing any other summons under Section 50(2) & (3) of Prevention of Money Laundering Act to attach the
properties of the petitioner and her companies floated by her under Section 5 of the Prevention of Money Laundering Act, 2002. For Petitioner : Mr.G.Sankaran For Respondents : Mr.N.Ramesh Special Public Prosecutor (ED)
ORDER
[Order of the Court was made by P.N.PRAKASH, J.] This writ petition is filed to declare that the Enforcement Directorate/respondents herein have no jurisdiction to initiate proceedings as against the petitioner under the Prevention of Money Laundering Act, 2002 and consequently, to forbear the respondents from taking any proceedings against the petitioner pursuant to summons dated 25.05.2018 by the third respondent and by issuing any other summons under Section 50(2) & (3) of Prevention of Money Laundering Act to attach the properties of the petitioner and her companies floated by her under Section 5 of the Prevention of Money Laundering Act, 2002.
2. In view of the order passed by a Division Bench of this Court in John Kennedy and others Vs. Joint Director, 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.
No costs.
Connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS.VII) /True Copy/ Sub Assistant Registrar To 1.The Special Director Directorate of Enforcement Southern Region, Shastri Bhawan, 3rd Floor, 3rd Block, B-Wing, No.26, Haddows Road, Chennai - 600006.
2.The Joint Director, Directorate of Enforcement Cochin Zonal Office,
3.The Deputy Director, Directorate of Enforcement Cochin Zonal Office 4.The Assistant Director, Directorate of Enforcement Cochin Zonal Office 5.The Public Prosecutor, Madras High Court, Chennai - 600 104.
akm/17.03.21 /3p-6c/ W.P.No.18094 of 2018 22.02.2021