In a writ petition for directions to investigate FEMA violations, the High Court of Kerala, relying on a statement that investigations were underway, recorded the facts and closed the petition, stating necessary follow-up was being taken.
Writ petition disposed of; statement recorded; Court found necessary follow-up action was being taken.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939
WP(C).No. 1397 of 2018
PETITIONER(S):
VIVEK.S.,R/7, JAI NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM -695 011.
BY ADVS.SRI.S.SHYAM SRI.N.K.KARNIS SRI.KIRAN PETER KURIAKOSE SRI.VINAY KUMAR VARMA
RESPONDENT(S):
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY TO MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI - 110 001.
2. DIRECTOR OF ENFORCEMENT, ENFORCEMENT DIRECTORATE, KOCHI ZONAL OFFICE, KANOOS CASTLE, MULLASSERY CANAL ROAD WEST, ERNAKULAM, KOCHI - 682 011.
3. THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA, 2ND FLOOR, KENDRIYA BHAVAN, M.S.BABURAJ ROAD, KALLAI, CALICUT - 673 008.
4. CHALOT DIVAKARA MENON, S/O. KRISHNA KURUP, FORMERLY OF "ARATHY", SIVA NAGAR, KOLASHY, TRICHUR - 680 010, RESIDING AT 31(A), WEST COAST ROAD, GLEN EDEN, AUCKLAND, NEW ZEALAND.
5. USHA DIVAKARA MENON, W/O. DIVAKARA MENON, FORMERLY OF "ARATHY", SIVA NAGAR, KOLASHY, TRICHUR - 680 010, RESIDING AT 31(A), WEST COAST ROAD, GLEN EDEN, AUCKLAND, NEW ZEALAND.
R1-R3 BY SMT.C.G.PREETHA, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1397 of 2018 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS:
| EXHIBIT P1 |
TRUE COPY OF THE AFFIDAVIT FILED BY THE 4TH RESPONDENT IN SUPPORT OF I.A.NO.509 OF 2015 IN O.S.NO. 198 OF 2013 ON THE FILES OF THE MUNSIFF'S COURT, PERAMBRA DATED 05.07.2015 |
|---|---|
| EXHIBIT P2 |
TRUE COPY OF THE SALE DEED DATED 24.10.2013 IN FAVOUR OF THE 4TH RESPONDENT. |
| EXHIBIT P3 |
TRUE COPY OF THE SALE DEED DATED 24.10.2013 IN FAVOUR OF THE 5TH RESPONDENT. |
| EXHIBIT P4 |
TRUE COPY OF THE SALE DEED DATED 24.10.2013 IN FAVOUR OF THE 4TH RESPONDENT'S MOTHER. |
| EXHIBIT P5 |
TRUE COPY OF THE NOTE SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 04.09.2015. |
| EXHIBIT P6 |
TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 14.03.2017. |
| EXHIBIT P6(A) |
TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE 2ND RESPONDENT. |
| EXHIBIT P7 |
TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT. 26.09.2017. |
RESPONDENT EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C) No.1397 of 2018
Dated this the 12th day of February, 2018
JUDGMENT
This writ petition is filed by the petitioner seeking directions to
respondents 2 and 3 to investigate the complaints raised in Exts.P5
and P6 and adopt suitable further actions thereon, as per law, within
a time limit to be fixed by this Court. From the pleadings put forth by
the petitioner, it is evident that, the grievance highlighted by the petitioner is that, in spite of the compliant made by the petitioner in
respect of the violation of the Foreign Exchange Management Act,
indulged in by respondents 4 and 5 the authorities have not taken
any action.
3, wherein, at paragraph 3 it is narrated as follows:-
“The investigation is coming to an end. The statements of
respondents 4 and 5 who were in New Zealand was recorded on
W.P.(C) No.1397 of 2018
2
11/12/2017 and a complaint under Section 16(3) of FEMA,
1999 will be filed against the Respondents 4 and 5 within two
months and after that the matter is to be adjudicated by the Adjudicating Authority.”
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/12/2/
1 issue framed by the court
Whether to direct authorities to investigate violations of FEMA 1999 by respondents 4 and 5.
1 provisions across 1 enactments
Vivek.S.
Union of India
Director of Enforcement
Deputy Director
Chalot Divakara Menon
Usha Divakara Menon
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
