Dr.Vandana Parvez v. The Government Of India
2024:MHC:1978
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.778 of 2024 & 27875, 27881, 27887, 27891, 27895 & 27896 of 2023 and W.M.P.Nos.27391, 27390, 27388 of 2023 W.P.No.778 of 2024:
Dr.Vandana Parvez ... Petitioner Vs.
1.The Government of India, Rep. By the Secretary to the Government, Ministry of Corporate Affairs, Central Secretariat, No.234 South Block, Delhi.
2.The Government of Tamil Nadu, Rep. by the Chief Secretary, Secretariat, Fort St. George, Chennai - 600 009.
3.The Special Director, Enforcement Directorate, Shastri Bhawan, 3rd Floor, 3rd Block, B Wing, No.26, Haddows Road, Chennai - 600 006.
4.The Joint Director,
Enforcement Directorate, Chennai Zonal Office 1, No.2, 5th and 6th Floor, BSNL Administrative Building, Kushkumar Road, Nugambakkam, Chennai - 600 034.
5.The Joint Director, Enforcement Directorate, Chennai Zonal Office 2, Shastri Bhawan, 4th and 5th Floor, 3rd Block, B Wing, No.26, Haddows Road, Chennai-600 006.
6.M/s.IVRCL Limited and Directors (IVRCL) MIHIR, #8-2-350/5/A/24/1B and 2, Road No.2, Panchavati Colony, Banjara Hills, Hyderabad, Telangana - 500 034.
7.M/s.Kotak Mahindra Investments Limited and Directors (KMIL) Rep. by its Authorised Signatory, Having Registered Office At No.27bkc, C-27, G Block, Bandra Kurla Complex, Mumbai-400 051.
8.M/s.Kotak Mahindra Bank Limited And Directors (KMB) Rep. by its Authorised Signatory, Having Registered Office At No.27bkc, C-27, G Block, Bandra Kurla Complex, Mumbai-400 051.
9.M/s.IVR Hotels and Resort Pvt Ltd and Directors (SPV) Rep. by its Authorised Signatory, MIHIR, 8-2-350/5/A/ 24/1B and 2, Road No.2, Panchavati Colony, Banjara Hills,
Hyderabad, Telangana-500 034.
10.M/s.WS Industries Ltd And Directors, (New Buyer Of Aavisa Lands) 108, Mount Poonamallee Road, Porur, Chennai - 600 116. India.
11.M/s.Raghava Square Pvt Ltd and Directors (Proposed Buyer of M/s. IVRCL) H.No.8-2-603/1/27 and 28 Krishnapuram Street, Road No.10, Banjara Hills, Hyderabad 500 034.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd, 4th and 5th respondent to consider the writ petitioner's complaint dated 06.11.2023 based on the Dossier named, 'Perpetrators of Public Prosperity as updated on 01.11.2023, pass orders within a reasonable time-frame and if necessary take action against the 6th, 7th, 8th, 9th, 10th and 11th respondents in a manner known to law For Petitioner : Dr.Vandana Parvez Party-in-Person (in 7WPs) For R1 : Mr.B.Rabu Manohar [SCGSC] (in WP.Nos.778/2024, 27887, 27891, 27895, 27896/2023) For R1, R3 & R4 : Mr.B.Rabu Manohar [SCGSC] (in WP.No.27875/2024) For R2 : Mr.T.Venkatesh Kumar Special Government Pleader
(in 7WPs) For R3 to R5 : Mr.P.Siddarthan Special Public Prosecutor [For Enforcement Direcorate] (in WP.No.778/2024) For R6 : Mr.J.Ravikumar (in WP.Nos.778/2024 & 27875/2023) For R5 : Mr.J.Ravikumar (in WP.No.27881/2023) For R7 & R8 : Mr.N.Ramakrishnan For M/s.ARK Law Associates (in WP.Nos.778/2024 & 27875/2023) For R6 & R7 : Mr.N.Ramakrishnan For M/s.ARK Law Associates (in WP.No.27881/2023) For R4 & R5 : Mr.N.Ramakrishnan For M/s.ARK Law Associates (in WP.Nos.27887 & 27891/2023) For R9 : Mr.Thiyambak J.Kannan (in WP.Nos.778/2024 & 27875/2023) For R8 : Mr.Thiyambak J.Kannan (in WP.Nos.27881/2024) For R10 : No Appearance (in WP.Nos.778/2024 & 27875/2023) For R11 : Mr.N.P.Vijay Kumar (in WP.No.778/2024) For R5 : Mr.C.Mohan
and Mrs.Rexy Josphene Mary For M/s.King and Partridge (in WP.No.27875/2023) For R3 : Mr.C.Mohan and Mrs.Rexy Josphene Mary For M/s.King and Partridge (in WP.No.27887/2023) For R3 : Mr.C.Prasanna Venkatesh (in WP.No.27891/2023) For R3 : Mr.J.Harikrishna (in WP.No.27895/2023) For R4 : Mr.Rama Subramaniam and Asso.
(in WP.No.27895/2023) For R5 : Mr.Vinod Kumar (in WP.No.27895/2023) For R6 : Not Ready in Notice (in WP.No.27895/2023) For R3 & R4 : No Appearance (in WP.No.27896/2023)
COMMON ORDER Dr.Vandana Parvez, petitioner-in-person filed totally seven writ petitions to redress her grievances regarding fraud, cheating etc., against M/s.IVR Hotels and Resort Private Limited (SPV), M/s.IVRCL Limited and Directors, M/s.Kotak Mahindra Investments Limited and Directors, M/s.Kotak Mahindra Bank Limited and Directors, M/s.WS Industries Limited and Directors and M/s.Raghava Square Private Limited and Directors. She made several complaints of fraudulent activities and cheating of public in general including her and other 118 investors, who have invested their hardearned money in these projects. Since she is not satisfied with the actions initiated by the competent authorities, writ petitions came to be instituted on every stage.
2. The petitioner in person with the support of other investors made several complaints before the authorities for initiation of all appropriate actions to prosecute the persons, who have involved in such fraudulent activities in dealing with the investments collected from the public in general. The petitioner in person would submit that about thirteen thousands crores have been misappropriated and money laundering is identified. Since the
money trailing is falling under the provisions of the Prevention of Money Laundering Act (PMLA), she made a specific complaint before the Enforcement Directorate to conduct an investigation.
3. The learned Special Public Prosecutor appearing on behalf of the Enforcement Directorate would submit that the complaint given by the petitioner in person and the informations received from other quarters are considered and acted upon by the Enforcement Directorate Officials and a criminal case has been registered in ECIR/CEZ-1/20/2020 dated 16.06.2020.
4. The learned Special Public Prosecutor would further submit that the proceeds of crime spread over other States also. At the first instance, actions are initiated by the Enforcement Directorate Wing at Hyderabad. Further, investigations are undertaken by the Enforcement Directorate Authorities and it is stated a separate ECIR vide ECIR No.ECIR/HYZO/01/2021 has been recorded by the Enforcement Directorate Office at Hyderabad on the basis of FIR No.RC0782020E0010 dated 28.12.2020. The cases are under investigation. The statement from the petitioner has been obtained. The petitioner is at liberty to provide further inputs, informations and statements
before the Enforcement Directorate Officials for the purpose of conducting an investigation in an effective manner. Since the complaint given by the petitioner is acted upon and criminal cases are registered by the Enforcement Directorate both at Chennai and Hyderabad, the authorities of the Enforcement Directorate are bound to proceed with the investigation and conduct inquiry into the allegations raised by the petitioner and other investors regarding cheating fraudulent activities etc., and prosecute all the offenders including the persons, who all are serving in the Banks, private sectors etc.
5. Dr.Vandana Parvez, petitioner-in-petitioner would further submit that the involvement of Companies and Banks are brought to the notice. Therefore, the Enforcement Directorate is directed to proceed with the investigation in an effective manner since many number of innocent persons have invested their hard-earned money in the projects.
6. In view of the facts and circumstances, the respondents 3 to 5 are directed to accelerate the investigation in an effective manner and prosecute the offenders. The petitioner is at liberty to give statements, documents,
inputs to the Enforcement Directorate Officials for effective providing into the offences.
7. In view of the above, in the present writ petition and considering that the investigations are in progress, the relief sought for in the other writ petitions deserves no further consideration. If at all the petitioner is aggrieved in respect of any other grievances, she is at liberty to approach the Competent Forum.
8. With the above directions, all the Writ Petitions are disposed of. However, there shall be no order as to costs. 22.04.2024 Jeni Index : Yes Speaking order
To 1.The Secretary to the Government, The Government of India, Ministry of Corporate Affairs, Central Secretariat, No.234 South Block, Delhi.
2.The Government of Tamil Nadu, Rep. by the Chief Secretary, Secretariat, Fort St. George, Chennai - 600 009.
3.The Special Director, Enforcement Directorate, Shastri Bhawan, 3rd Floor, 3rd Block, B Wing, No.26, Haddows Road, Chennai - 600 006.
4.The Joint Director, Enforcement Directorate, Chennai Zonal Office 1, No.2, 5th and 6th Floor, BSNL Administrative Building, Kushkumar Road, Nugambakkam, Chennai - 600 034.
5.The Joint Director, Enforcement Directorate, Chennai Zonal Office 2, Shastri Bhawan, 4th and 5th Floor, 3rd Block, B Wing, No.26, Haddows Road, Chennai-600 006.
S.M.SUBRAMANIAM, J.
Jeni 22.04.2024