This judgment dismisses a writ petition seeking orders regarding intervention of enforcement agencies in RBI-funded operations, as the petition was explicitly dismissed by the court for not being pressed.
The writ petition is dismissed as not pressed.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 13TH DAY OF OCTOBER 2022 / 21ST ASWINA, 1944 WP(C) NO. 25937 OF 2022
PETITIONERS:
1 K.K.SHAILAJA AGED 66 YEARS D/O K.KUNDAN, 15/36, ARATHY, PAZHASSI, URUVACHAL.P.O, KANNUR - 670 702.
2 E.CHANDRASEKHARAN, AGED 73 YEARS S/O P.KUNHIRAMAN NAIR, 'PARVATHY', PERUMBALA.P.O, KALANAD, KASARGOD – 671317.
3 RAMACHANDRAN KADANNAPPALLY, AGED 78 YEARS S/O P.V.KRISHNAN GURUKKAL, NO.5, 'MANIKYA', JAWHAR NAGAR HOUSING COLONY, THOTTADA, KANNUR - 670 007.
4 M.MUKESH, AGED 65 YEARS S/O O,MADHAVAN, KIZHAKKE VEEDU, VADAKKEVILA.P.O, KOLLAM 691010.
5 I.B.SATHEESH AGED 52 YEARS S/O P.BALAKRISHNAN NAIR, ASWATHY BHAVAN, KANDALA.P.O, KOOVALASSERY, THIRUVANANTHAPURAM 695512.
W.P.(C.) No. 25937/2022
2
BY ADVS.SRI RANJIT THAMPAN (SR) V.M.KRISHNAKUMAR P.R.REENA P.S.SIDHARTHAN MAYA M.
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY MINISTRY OF FINANCE, NEW DELHI. 110001.
3 RESERVE BANK OF INDIA, MAIN BUILDING, P.O.BOX 901, SHAHID BHAGAT SINGH ROAD, MUMBAI-400 001, REPRESENTED BY CHIEF EXECUTIVE OFFICER.
4 THE ENFORCEMENT DIRECTORATE, CPIO, 'A' - BLOCK, PRAVARTAN BHAWAN, DR. APJ KALAM ROAD, NEW DELHI – 110001.
6 DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA, KANOOS CASTLE, A.K.SHESHADRI ROAD, COCHIN - 682011.
R2 BY SRI. TEKCHAND V. SR. GP, R5 BY SRI. S. CHANDRASEKHARAN NAIR, BY ADVS. MANU S., ASG OF INDIA BY JAISHANKAR V. NAIR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No. 25937/2022
3
JUDGMENT
S. Manikumar, C.J.
This writ petition is filed by the petitioners seeking the following reliefs:-
“i) issue a writ in the nature of mandamus commanding the 4th and 6th respondent not to interfere with the functioning of the 5 respondent under the guise of the funds received by the 5 respondent by issuance of 'masala bond' authorized under the Foreign Exchange Management Act by the Reserve Bank of India.
ii) Issue a writ in the nature of mandamus commanding the respondents 1 and 2 to constitute a mechanism for resolution of disputes between the 1st and 2nd respondents and the statutory organs of 1st and 2nd respondent like 4th and 5th respondents in the same manner as is being done in Ext. P7 and P8 within such time as may be fixed by this Hon'ble Court
iii) issue such other orders, writs or directions as are deemed fit by this Hon'ble Court.
iv) award cost of this proceedings to the petitioner.”
W.P.(C.) No. 25937/2022
petitioners praying to dismiss the writ petition as not pressed.
Memo submitted in Court is treated as part of record.
Accordingly, the writ petition is dismissed as not pressed.
Sd/-
S. MANIKUMAR CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
DCS/13.10.2022
1 issue framed by the court
Whether the writ petition pressing for quashing of enforcement action is entitled to admission and decision.
1 provisions across 1 enactments
K.K.SHAILAJA AND OTHERS
UNION OF INDIA
STATE OF KERALA
RESERVE BANK OF INDIA
THE ENFORCEMENT DIRECTORATE
KERALA INFRASTRUCTURE INVESTMENT FUND BOARD
S.MANIKUMAR
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
