Sanjiv G Pallikal v. Joint Director Of Enforcement

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Sanjiv G Pallikal .. Appellant Vs 1.The Joint Director of Enforcement, Directorate of Enforcement, 2nd & 3rd Floor, C Block, Murugesa Naicker Office Complex, 84, Greams Road, Thousand Lights, Chennai-600 006.

2.Umaiyal Radhai 3.The Sub Registrar - Mylapore, 100, Santhome High Road, Santhome, Chennai-600 004.

.. Respondents Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 11.4.2023 passed by the learned Single Judge in W.P.No.11019 of 2023.

For the Appellant : Mr.Sanjay Pinto For the Respondents : Mr.N.Ramesh Spl. Public Prosecutor (ED) for respondent No.1 : Ms.T.Kokilavani for respondent No.2 : Mr.T.K.Saravanan Government Advocate for respondent No.3

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.Sanjay Pinto, learned counsel for the appellant; Mr.T.K.Saravanan, learned Special Public Prosecutor (ED) for respondent No.1; Ms.T.Kokilavani, learned counsel for respondent No.2; and, Mr.T.K.Saravanan, learned Government Advocate for respondent No.3.

2. On 23.04.2024, the matter was taken up for hearing. It was submitted by learned counsel for the second respondent that the order of seizure/attachment was passed under FEMA

and the same was set aside by the competent authority. An appeal has been filed before the Appellate Tribunal and no interim order was passed by the Appellate Tribunal.

3. Today, learned counsel for the first respondent, upon instructions, affirms that the competent authority has set aside the order of attachment passed by the first respondent. An appeal is filed. However, no interim order was passed by the Appellate Tribunal.

4. In view of the fact that the attachment is not in force, the said fact shall be communicated to the third respondent.

5. The third respondent shall proceed ahead on the application filed by the appellant, as no attachment of respondent No.1 exists on the said property. A decision be taken by the third respondent within a period of four weeks.

6. The writ appeal, as such, is disposed of. There shall be no order as to costs. Consequently, C.M.P.No.7467 of 2024 is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 26.04.2024 Index :

Yes/No Yes/No bbr To 1.The Joint Director of Enforcement, Directorate of Enforcement, 2nd & 3rd Floor, C Block, Murugesa Naicker Office Complex, 84, Greams Road, Thousand Lights, Chennai-600 006.

2.The Sub Registrar - Mylapore, 100, Santhome High Road, Santhome, Chennai-600 004.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD,J.

bbr 26.04.2024