Mr.G.Natarajan, 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.18958 of 2018 and W.M.P.No.22360 of 2018 G.Natarajan .. 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, 4.The Assistant Director, .. 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 after investigation, followed by filing complaint u/s 5(5) of the Act in respect of ECIR/04/KCZO/2014 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/2014/719 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 his companies 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 after investigation, followed by filing complaint 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 his companies 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, (Mullassery Canal Road - West), Cochin - 682011. 3.The Deputy Director,
4.The Assistant Director, 5.The Public Prosecutor, Madras High Court, Chennai - 600 104.
akm/18.03.21 /3p-6c/ W.P.No.18958 of 2018 22.02.2021