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Madras High CourtWP Crl./1437/2025dismissed

Dpvr Educational Society v. Deputy Director (Pmla)

2025-11-25Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN and WPMP Crl. Nos.703 to 705 of 2025

1. DPVR Educational Society, No.66, Central Steeet, Kilpauk Garden, Chennai 600 010, Rep. By Shri.A.D.Sendhureswaran.

2. A.D.Senthureswaran .. Petitioners -vs1. Deputy Director (PMLA), Directorate of Enforcement, Chennai Zonal Office, 1st, 5th and 6th Floors, BSNL Administrative Building, No.02, Kush Kumar Road, Chennai 600 006.

2. The Adjudicating Authority (PMLA), 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi 110 001.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for

issuance of a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent made in Order O.C.No.217/2025 dated 25.08.2025, passed consequent to PAO No.09/2025 dated 27.03.2025 in No.ECIR/CEZO/I/09/2017, quash the same and direct the 1st respondent to lift the order of attachment qua the bank account maintained by the 1st petitioner in RBL Bank, Anna Nagar, Chennai bearing Account No.409001709934 having a balance of Rs.1,19,53,005/-.

For Petitioners :

Mr.B.Satish Sundar For Respondents :

Mr.Rajnish Pathiyil Spl. Public Prosecutor (ED) * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioners have directly approached this Court without availing the statutory remedy of appeal, on the claim that the property was not liable to be attached, as it is not a property which can be said to be part of the proceeds of crime.

2. Factual aspects are involved in this case, which will have to be gone into. We do not see any extraordinary reason as to why we should entertain this petition without insisting on exhaustion of remedy

of appeal.

3. Petition is dismissed with liberty to approach the Appellate Authority. There shall be no order as to costs. WPMP No.703 of 2025 filed by the petitioners to permit them to join and file a single writ petition stands allowed, inasmuch as separate court fee has been paid. Consequently, the other interim applications stand closed. Taking into consideration that this petition was filed before the expiry of the period of limitation, it is directed that in case the petitioners approach the Appellate Authority within a period of 45 days from today, the petitioners shall be heard on merits without going into the issue of limitation. We make it clear that we have not expressed any opinion on the merits of the case.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 25.11.2025 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.

(sra) To

1. The Deputy Director (PMLA), Directorate of Enforcement, Chennai Zonal Office, 1st, 5th and 6th Floors, BSNL Administrative Building, No.02, Kush Kumar Road, Chennai 600 006.

2. The Adjudicating Authority (PMLA), 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi 110 001.

25.11.2025