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Madras High CourtWP/5160/2017dismissed

N.Jayamurugan, v. The Directorate Of Enforcement

2021-02-08Honourable Mr Justice P. N. Prakash,Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2021 Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM W.P.No.5160 of 2017 1.N.Jayamurugan 2.M/s.Anitha Estates Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai - 600 035.

Represented by its Director N.Jayamurugan.

3.M/s.Anitha Infrastructure & Property Developers Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai - 600 035.

Represented by its Director N.Jayamurugan.

4.M/s.Jay Gee Hitech Infraventures Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai - 600 035.

Represented by its Director N.Jayamurugan.

5.M/s.Nandhini Property & Developer Private Limited, Old No.40, Ist Cross Street, C.I.T.Nagar, Nandanam, Chennai - 600 035.

Represented by its Director N.Jayamurugan.

6.M/s.NJM Enterprises Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai - 600 035.

Represented by its Director C.Mariappan.

7.M/s.NJM Estates & Foundations Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai - 600 035.

Represented by its Director C.Mariappan.

8.M/s.Pavithra Property Developer Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai - 600 035.

Represented by its Director N.Jayamurugan.

9.SNJ Infrastructure & Property Developer Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai - 600 035.

Represented by its Director N.Jayamurugan.

10.SNJ Promoters & Property Developers Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai - 600 035.

Represented by its Director N.Jayamurugan.

.. Petitioners Vs.

1.The Directorate of Enforcement, Represented by its Director, Government of India, 6th Floor, Lok Naik Bhavan, Khan Market, New Delhi - 110 003.

2.The Special Director, Southern Region, Shastri Bhawan, 3rd Floor, 3rd Block, B-Wing, No.26, Haddows Road, Chennai - 600 006.

3.The Deputy Director, Cochin Zonal Office, "Kanoos Castle", A.K.Sheshadri Road, (Mullasery Canal Road - West), Cochin - 682 011.

4.The Assistant Director, Cochin Zonal Office, "Kanoos Castle", A.K.Sheshadri Road, (Mullasery Canal Road - West), Cochin - 682 011.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified, calling for the records of the 3rd respondent in Provisional Attachment Order No.2/2017 in ECIR/4/KCZO/2014 (AZ), dated 09.02.2017 issued by the 3rd respondent under Section 5(1) of the Prevention of Money Laundering Act, 2002 and quash the same as without jurisdiction and ultra vires Section 5 (1) of the Prevention of Money Laundering Act, 2002.

For Petitioners : Mr.A.Ramesh, Senior Counsel & Mr.Sathish Parasaran, Senior Counsel for Mr.N.R.R.Arun Natarajan For Respondents : Mr.N.Ramesh Special Public Prosecutor (ED)

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] In view of the order passed by a Division Bench of this Court in John Kennedy and others Vs. Joint Director1, this writ petition is dismissed as not maintainable. Liberty is given to the petitioners to work out their remedies in the manner know to law before the appropriate forum.

-s/d- Assistant Registar True Copy Sub-Assistant Registrar nsd W.P.Nos.25177 and 25231 of 2019 decided on 17.12.2020

To 1.The Director Government of India, 6th Floor, Lok Naik Bhavan, Khan Market, New Delhi - 110 003.

2.The Special Director, Southern Region, Shastri Bhawan, 3rd Floor, 3rd Block, B-Wing, No.26, Haddows Road, Chennai - 600 006.

3.The Deputy Director, Cochin Zonal Office, "Kanoos Castle", A.K.Sheshadri Road, (Mullasery Canal Road - West), Cochin - 682 011.

4.The Assistant Director, Cochin Zonal Office, "Kanoos Castle", A.K.Sheshadri Road, (Mullasery Canal Road - West), Cochin - 682 011.

5.The Public Prosecutor, Madras High Court, Chennai - 600 104.

+1 cc to M/s.Uma Advocate sr7038 W.P.No.5160 of 2017 sra(co) aa12/03/2021