Mylapore Hindu Permanent v. Director Of Enforcement Director Of Enforcement
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Mylapore Hindu Permanent Fund Investors and Depositors Welfare Association (Regd.) Represented by its Authorized Representative/ President:
M.Sathish Kumaar ... Petitioner Vs.
1. Director Of Enforcement Director of Enforcement Directorate of Enforcement, HQRS Office, Room No.201 A-block, Pravartan Bhawan, Dr.APJ Abdul Kalam, Road, New Delhi-110 011.
2. The Joint Director(Intelligence) Headquarters Office, Director of Enforcement,Pravartan Bhawan, Dr.APJ Abdul Kalam, Road, New Delhi-110 011.
3. Special Director, Shastri Bhawan, 3rd Floor
4. Joint Director, No.2, 5th & 6th Floor,
BSNL Administrative Building, Kushkumar Road, Nungambakkam, Chennai-600 034.
5. Joint Director, Shastri Bhawan, 3rd Floor,
6. The Mylapore Hindu Permanent Fund Nidhi Ltd., Chennai-600 004
7. Devananthan S/o.Thirvengadam
8. R.Gunaseelan S/o.Rangabashiam
9. D.Magimainathan S/o.Devarajan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 1st & 3rd to 5th respondents to consider the representation dated 19.10.2024, requesting to take cognizance of the offence of money laundering with respect to the proceeds of crime generated from the offence committed with respect to Crime No.14 of 2024 on the file of Economic Offences Wing, Head Quarters, Chennai and to conduct investigation under provisions of the Prevention of Money Laundering Act, 2003.
For Petitioner : Mr.A.Ashwinkumar For R1 to R5 : Mr.N.Ramesh Special Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) With reference to the relief sought for in the present writ proceedings to take cognizance of the offence of money laundering, on the basis of the scheduled offence registered in Crime No.14 of 2024, on the file of the Economic Offences Wing, Headquarters, Chennai, the Enforcement Directorate has already commenced process to proceed further. 2.Mr.N.Ramesh, learned Special Public Prosecutor, appearing on behalf of the Enforcement Directorate would submit that the enforcement authorities have received information and they are in the process of verification and soon after the completion of the preliminary verification process, further actions will be initiated by following the procedures as contemplated under the Prevention of Money Laundering Act.
3.When the process of investigation has already been undertaken by the Enforcement Directorate based on the scheduled offence registered against the Mylapore Hindu Permanent Fund Nidhi Ltd., in Crime No.4 of 2024, the
petitioner is at liberty to approach the Enforcement Directorate authorities to submit documents, evidences and to give a statements or otherwise, enabling the Enforcement Directorate to conduct a effective investigation into the offence of money laundering. The Enforcement Directorate is directed to expedite the enquiry in public interest.
4.With these observations, the writ petition stands disposed of. No costs. [S.M.S., J.] [M.J.R., J.] 27.11.2024 Index: Yes/No Speaking/Non-speaking order sli To
1. Director Of Enforcement Director of Enforcement Directorate of Enforcement, HQRS Office, Room No.201 A-block, Pravartan Bhawan, Dr.APJ Abdul Kalam, Road, New Delhi-110 011.
2. The Joint Director(Intelligence) Headquarters Office, Director of Enforcement,Pravartan Bhawan, Dr.APJ Abdul Kalam, Road, New Delhi-110 011.
3. Special Director, Shastri Bhawan, 3rd Floor
4. Joint Director, No.2, 5th & 6th Floor, BSNL Administrative Building, Kushkumar Road, Nungambakkam, Chennai-600 034.
5. Joint Director, Shastri Bhawan, 3rd Floor,
6. The Mylapore Hindu Permanent Fund Nidhi Ltd., Chennai-600 004
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
sli 27.11.2024