Dismissed

N.Jayamurugan, v. The Chairperson

Madras HC8 Feb 2021WP/13857/2017

Case brief

AI extract

What is this about?

In this money laundering matter, petitioners challenged the jurisdiction of the Adjudicating Authority to proceed with adjudication proceedings under Section 8 of the Prevention of Money Laundering Act, 2002 based on a complaint under Section 5(5). The Division Bench dismissed the petition as not maintainable.

What did the court decide?

Liberty given to petitioners to work out their remedies in the manner known to law before the appropriate forum.

N.Jayamurugan, Vs The Chairperson — Narcotics (NDPS) | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.02.2021

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Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM W.P.No.13857 of 2017

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1.N.Jayamurugan

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2.M/s.Anitha Estates Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai – 600 035. Represented by its Director N.Jayamurugan.

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3.M/s.Anitha Infrastructure & Property Developers Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai – 600 035. Represented by its Director N.Jayamurugan.

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4.M/s.Jay Gee Hitech Infraventures Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai – 600 035. Represented by its Director N.Jayamurugan.

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5.M/s.Nandhini Property & Developer Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai – 600 035. Represented by its Director N.Jayamurugan.

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https://hcservices.ecourts.gov.in/hcservices/

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6.M/s.NJM Enterprises Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai – 600 035. Represented by its Director C.Mariappan. 7.M/s.NJM Estates & Foundations Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai – 600 035. Represented by its Director C.Mariappan. 8.M/s.Pavithra Property Developer Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai – 600 035. Represented by its Director N.Jayamurugan. 9.SNJ Infrastructure & Property Developer Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai – 600 035. Represented by its Director N.Jayamurugan. 10.SNJ Promoters & Property Developers Private Limited, Old No.47, New No.99, Canal Bank Road, C.I.T.Nagar, Nandanam, Chennai – 600 035. Represented by its Director N.Jayamurugan. ... Petitioners Vs. 1.The Chairperson, Adjudicating Authority, (Under Prevention of Money Laundering Act), 4^th Floor, Jeevan Deep Building, Parliament Street, New Delhi – 110 001.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The Special Director, Directorate of Enforcement, Southern Region, Shastri Bhawan, 3^rd Floor, 3^rd Block, B-Wing, No.26, Haddows Road, Chennai – 600 006.

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3.The Deputy Director, Directorate of Enforcement, Cochin Zonal Office, “Kanoos Castle”, A.K.Sheshadri Road, (Mullasery Canal Road – West), Cochin – 682 011.

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4.The Assistant Director, Directorate of Enforcement, Cochin Zonal Office, “Kanoos Castle”, A.K.Sheshadri Road, (Mullasery Canal Road – West), Cochin – 682 011. .. Respondents

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Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus, calling for the records of the original records of the original complaint in O.C.No.695 of 2017 dated 23.02.2017 filed by the 3^rd respondent before the 1^st respondent under Section 5 (5) of the Prevention of Money Laundering Act, 2002, and quash the same as it is without jurisdiction and ultra vires Sections 5 and 8 of the Prevention of Money Laundering Act, 2002 and consequently forbear the 1^st respondent from proceeding with the adjudication proceedings under Section 8 of the Prevention of Money Laundering Act, 2002 in O.C.No.695 of 2017 dated 23.02.2017.

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For Petitioners: Mr.A.Ramesh, Senior Counsel & Mr.Sathish Parasaran, Senior Counsel for Mr.N.R.R.Arun Natarajan For Respondents: Mr.N.Ramesh Special Public Prosecutor (ED)

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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[Order of the Court was made by P.N.PRAKASH, J.]

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In view of the order passed by a Division Bench of this Court in John Kennedy and others Vs. Joint Director¹ , this writ petition is dismissed as not maintainable. Liberty is given to the petitioners to work out their remedies in the manner know to law before the appropriate forum.

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Sd/Assistant Registrar(CS IV)

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//True Copy//

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Sub Assistant Registrar

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nsd To 1.The Chairperson, Adjudicating Authority, (Under Prevention of Money Laundering Act), 4^th Floor, Jeevan Deep Building, Parliament Street, New Delhi – 110 001. 2.The Special Director, Directorate of Enforcement, Southern Region, Shastri Bhawan, 3^rd Floor, 3^rd Block, B-Wing, No.26, Haddows Road, Chennai – 600 006.

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3.The Deputy Director, Directorate of Enforcement, Cochin Zonal Office, “Kanoos Castle”, A.K.Sheshadri Road, (Mullasery Canal Road – West), Cochin – 682 011.

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1 W.P.Nos.25177 and 25231 of 2019 decided on 17.12.2020

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https://hcservices.ecourts.gov.in/hcservices/

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4.The Assistant Director, Directorate of Enforcement, Cochin Zonal Office, “Kanoos Castle”, A.K.Sheshadri Road, (Mullasery Canal Road – West), Cochin – 682 011.

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5.The Public Prosecutor, Madras High Court, Chennai – 600 104.

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W.P.No.13857 of 2017

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rsi[co] srg 03/03/2021

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https://hcservices.ecourts.gov.in/hcservices/

N.Jayamurugan, v. The Chairperson

Case brief

What is this about?

What did the court decide?

N.Jayamurugan, v. The Chairperson

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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