N.Jayamurugan, v. The Chairperson,
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.13857 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.47, New No.99, Canal Bank Road, 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 Chairperson, Adjudicating Authority, (Under Prevention of Money Laundering Act), 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi - 110 001.
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, 4.The Assistant Director, .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus, calling for the records of the original records of the original complaint in O.C.No.695 of 2017 dated 23.02.2017 filed by the 3rd respondent before the 1st respondent under Section 5 (5) of the Prevention of Money Laundering Act, 2002, and quash the same as it is without jurisdiction and ultra vires Sections 5 and 8 of the Prevention of Money Laundering Act, 2002 and consequently forbear the 1st respondent from proceeding with the adjudication proceedings under Section 8 of the Prevention of Money Laundering Act, 2002 in O.C.No.695 of 2017 dated 23.02.2017. 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.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nsd To 1.The Chairperson, Adjudicating Authority, (Under Prevention of Money Laundering Act), 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi - 110 001.
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, W.P.Nos.25177 and 25231 of 2019 decided on 17.12.2020
4.The Assistant Director, 5.The Public Prosecutor, Madras High Court, Chennai - 600 104.
W.P.No.13857 of 2017 rsi[co] srg 03/03/2021