← Library
Madras High CourtWP(MD)/7397/2016dismissed

Mr.G.Joseph Agnel Romesh v. The Secretary

2023-03-16Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.03.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.7397 of 2016 G.Joseph Agnel Romesh ... Petitioner Vs.

1. The Secretary, Office of the Secretary (Revenue) Department of Revenue 128-A, North Block, New Delhi.

2. The Joint Director, Enforcement Directorate, Chennai Zonal Office 2nd & 3rd Floors, C-Block, Murugesa Naicker Office Complex, 84, Greams Road, Thousand Lights Chennai-6.

3. The Deputy Director, Enforcement Directorate Madurai Sub- Zonal Office Old No.42, New No.6, Besant Road, Chokkikulam, Madurai-625002.

4. The Managing Director, Shalom Garments Private Ltd, 2116/a, Shelton Avenue Main Road, Valliyoor - 627117, Tirunelveli District.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 3rd and 2nd Respondent to consider the petitioner Representation dated 19.02.2016 and to order to enquire and take actions on the owners of the Shalom Garments Private Limited and allied Companies and firms and above-mentioned assisting people to conceal in acquiring the possession of the properties out of proceeds of crime based on the petition dated 19.02.2016. For Petitioner :Mr.B.Char Murugan For Respondents :Ms.D.Farjana Ghoushia Special Government Pleader

O R D E R

The petitioner seeks a direction to respondents 2 and 3 to act on his representation dated 19.02.2016 and inquire into the actions of the fourth respondent.

2. The fourth respondent is a private limited company. Learned Special Government Pleader submits that the writ petition is not maintainable inasmuch as it is directed against a private limited company. The petitioner asserts that he is an ex-employee of a group company, Shalom Automobiles. But the grievance of the petitioner does not relate to

his entitlement as an ex-employee of Shalom Automobiles.

3. Since the petitioner is unable to establish that he is a shareholder, director or employee of the fourth respondent, the petitioner does not have the locus standi to call upon respondents 2 and 3 to initiate action. Therefore, W.P. (MD) No.7397 of 2016 is dismissed without any order as to costs.

16.03.2023 NCC :No Internet :Yes Index :No PKN To

1. The Secretary, Office of the Secretary (Revenue) Department of Revenue 128-A, North Block, New Delhi.

2. The Joint Director, Enforcement Directorate Chennai Zonal Office 2nd & 3rd Floors, C-Block Murugesa Naicker Office Complex, 84, Greams Road, Thousand Lights Chennai-6.

SENTHILKUMAR RAMAMOORTHY, J.

PKN

3. The Deputy Director, Enforcement Directorate Madurai Sub- Zonal Office Old No.42, New No.6, Besant Road, Chokkikulam, Madurai-625002.

W.P.(MD)No.7397 of 2016 16.03.2023