Two writ petitions challenging the second proviso to Section 5(1) of the Prevention of Money Laundering Act, 2002, were dismissed as the petitioners withdrew them. The connected miscellaneous petitions were also closed.
Writ petitions dismissed as withdrawn. No costs awarded. Connected miscellaneous petitions closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2020
CORAM :
The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.Nos.15216 and 15217 of 2017 and WMP Nos16505 and 16506 of 2017
P. Senthilkumar .... Petitioner in both the writ petitions Vs 1. Union of India, Ministry of Finance, Department of Revenue, represented by its Secretary (Revenue), North Block, New Delhi – 110 024. 2. The Adjudicating Authority, Member (Admn.), under the Prevention of Money Laundering Act, 2002, 4th floor, Jeevan Deep Building, Parliament Street, New Delhi – 110 001 3. The Deputy Director, Directorate of Enforcement, 2nd and 3rd floor, Murugesa Naicker Complex, No.84, Greams Road, Thousand Lights, Chennai – 600 006 .. Respondents in W.P.No.15216 of 2017 1 The Adjudicating Authority Member (Admin) Under the Prevention of Money Laundering Act 2002 4th Floor Jeevan Deep Building Parliament Street New Delhi-110 001 2 The Deputy Director Directorate of Enforcement
2nd and 3rd Floor Murugesa Naicker Complex No.84, Greams Road, Thousand Lights Chennai-06
3 P.R.P.Granites rep by the Managing Partner Shri.P.Palanisamy Near Veerakaliamman Koil Keelavalavu Village Melur Taluk Madurai District
4 P.R.P.Exports rep by the Managing Partner Shri.P.Palanisamy Therkutheru Village Melur Taluk Madurai District
5 P.Palanisamy 6 P.Suresh Kumar 7 P.Selvi W/o.P.Palanisamy 8 S.Chandralekha 9 A.Maharajan 10 M.Sivaranjani 11.The Chief Manager, M/s.Indian Bank,Madurai Branch, Madurai
12 The Chief Branch Manager M/s.State Bank of India Commercial Branch Madurai .. Respondents in W.P.No.15717 of 2017 Prayer in W.P.No.15216 of 2017:
Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Declaration declaring that the second proviso to section 5(1) of the Prevention of Money Laundering Act, 2002 as ultra vires.
Prayer in W.P.No.15217 of 2017:
Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari to call for the records pursuant to the impugned confirmation order in O.C. No.671/ 2017 dated 26.04.2017 of the 1st Respondent pertaining to Provisional Attachment Order in No.22/2016 dated 09.12.2016 in the ECIR in CEZO/ 15/ 2013 dated 13.12.2013 and
Complaint dated 28.12.2016 of the 2nd Respondent and quash the same
For Petitioner : Mr.S. Dhayaleswaran (in both WPs) For Respondents : Ms.G. Hema, SPC for R1 in WP.15216/17 and for R1&R2 in WP.15217/17
COMMON ORDER
( Order of the Court was made by The Hon'ble Chief Justice)
These writ petitions are filed praying for striking down the
second proviso to Section 5(1) of Prevention of Money Laundering
Act, 2002.
2. The learned counsel has submitted a letter to the
Registry dated 09.09.2020, praying for withdrawal of the writ
petition.
3. Ms.G. Hema, learned counsel appearing for the
respondents has no objection to the same.
4. The writ petitions are dismissed as withdrawn. No
costs. Consequently connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
sr
To
1. Union of India,
Ministry of Finance,
Department of Revenue,
represented by its Secretary (Revenue),
North Block,
New Delhi – 110 024.
1 issue framed by the court
Whether to allow the withdrawal of writ petitions seeking to strike down the second proviso to Section 5(1) of the Prevention of Money Laundering Act, 2002.
2 provisions across 2 enactments
P. Senthilkumar
Union of India
The Adjudicating Authority
The Deputy Director, Directorate of Enforcement
P.R.P. Granites
P.R.P. Exports
A.P. Sahi
Senthil Kumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
