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Madras High CourtWP/24951/2022disposed of with direction

C.Suresh Kumar @ C.Surendran v. Special Director Of Enforcement / Adjudicating Authority

2025-09-25Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.23891 of 2022 C.Surendra Kumar @ C.Surendran ... Petitioner Vs.

The Special Director of Enforcement/Adjudicating Authority, Directorate of Enforcement, Southern Regional Office, Government of India, Shastri Bhawan, III Floor, 'B' Wing, 26, Haddows Road, Chennai-600 006.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records of the respondent relating to the impugned notice in F.No.T-4/1-M/2004/SCN-I, dated 02.08.2022, quash the same.

For Petitioner :

Mr.A.S.Vijayaragavan For Respondent :

Mr.N.Ramesh Standing Counsel

O R D E R

This Writ Petition has been filed challenging the impugned show cause notice in F.No.T-4/1-M/2004/SCN-I, dated 02.08.2022 issued by the respondent.

2. The case of the petitioner is that the respondent has issued the impugned show cause notice dated 02.08.2022 to the petitioner directing him to appear for enquiry before the respondent on 05.09.2022, stating that the impugned show cause notice was issued pursuant to the show cause notice dated 31.03.2004 proposing to proceed with enquiry under Rule 4 of the Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000, framed under the Foreign Exchange Management Act, 1999 and the petitioner was not served with any earlier notice and hence, he could not aware about the allegations made against him. Therefore, the present writ petition has been filed.

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submits that this Court, without

interfering with the impugned show cause notice, may grant liberty to the petitioner to canvass all the grounds before the respondent.

4. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent.

5. In view of the limited request made by the learned counsel appearing for the petitioner, this Court, without interfering with the impugned show cause notice issued by the first respondent, grants liberty to the petitioner to canvass all the grounds raised in this writ petition before the respondent.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 25.09.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To The Special Director of Enforcement/Adjudicating Authority, Directorate of Enforcement, Southern Regional Office, Government of India, Shastri Bhawan, III Floor, 'B' Wing, 26, Haddows Road, Chennai-600 006.

M.DHANDAPANI, J.

ssb 25.09.2025