Mr.S.R.Annamalai v. The Adjudicating Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.08.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.Nos.27266 and 27267 of 2016 and WMP No.23438 of 2016 in WP.No.27266 of 2016 and WMP Nos.23439 and 23440 of 2016 in WP.No.27267 of 2016 1.S.R.Annamalai 2.A. Babu ... Petitioners in both WPs Vs.
1.The Adjudicating Authority, Prevention of Money Laundering Act, Room No.26, 4th Floor, Jeevandeep Buildings, Parliament Street, New Delhi - 110 001
2. The Deputy Director, Directorate of Enforcement (Prevention of Money Laundering Act) Government of India, Shastri Bhavan, No.26, Haddows Road, Chennai - 600 006.
3.M.Saraswathi 4.R.Devadoss ... Respondents in both WPs.
Prayer in W.P.No.27266/16: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of certiorarified Mandamus, to call for the records pertaining to Impugned Order passed in M.A. No.03 of 2015 in O.C. No.73 of 2010 dated 13.7.2016 on the file of the 1st respondent herein and quash the same and consequently direct the 1st respondent herein to pass fresh orders on the petitioner Miscellaneous Application in M.A. No.03 of 2015 in O.C. No.73 of 2010 without reference to his powers to review the confirmation order and thereby exclude the 1st petitioner extent of land measuring 30 cents in Old Survey No.1167/2 (New Survey No.1167/2A) No.144 Vallur Village Ponneri Taluk Thiruvallur District.
Prayer in W.P.No.27267/16: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of certiorarified Mandamus, to calling for the records pertaining to Provisional Attachment Order in File No.ECIR/53/ CZ/PMLA/2010 (ACS) dated 11.10.2010 on the file of the 2nd respondent herein and the consequential Order of Confirmation of the Provisional Attachment Order in O.C.No.73 of 2010 dated 13.8.2012 on the file of the 1st respondent herein and quash
the same in so far as it relates to the description of the attached property in Serial No.31 and consequently direct the 1st respondent to replace the extent of land and the Serial No.31 as 22 cents in Survey No.1167/2 instead of 52 cents in Survey No.1167.
For Petitioners : Mr.M.S.Ramesh in both W.Ps.
For Respondents : Mrs.G.Hema (for R1 & R2) in both W.Ps.
CGSC C O M M O N O R D E R The learned counsel appearing for the petitioners, on instructions, seeks permission of this Court to withdraw these writ petitions with liberty to approach the jurisdictional Sessions Court under Section 8(7) of the Prevention of MoneyLaundering Act, 2002 and also made an endorsement to that effect.
2. The Court heard the submissions of Mrs.G.Hema, learned Central Government Standing Counsel appearing for respondents 1 and 2.
3. In the light of the endorsement made by the learned counsel for the petitioners, these Writ Petitions are dismissed as withdrawn and the liberty sought for by the petitioners is granted. No Costs. Consequently, the Connected Miscellaneous Petitions are closed. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To 1.The Adjudicating Authority, Prevention of Money Laundering Act, Room No.26, 4th Floor, Jeevandeep Buildings, Parliament Street, New Delhi - 110 001
2. The Deputy Director, Directorate of Enforcement (Prevention of Money Laundering Act) Government of India, Shastri Bhavan, No.26, Haddows Road, Chennai - 600 006.
+2 cc to Mr.M.S.Ramesh, advocate,sr.45127& 45128 +1 cc to Mr.G.Hema, advocate,sr.45350.
tm(co) krd 29/8 W.P.Nos.27266 and 27267 of 2016 and WMP No.23438 of 2016 in WP.No.27266 of 2016 and WMP Nos.23439 and 23440 of 2016 in WP.No.27267 of 2016