Writ petition challenged adjudicating proceedings under PMLA for lack of jurisdiction. Court dismissed petition as not maintainable based on a prior Division Bench order.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2021
Coram
The Hon'ble Mr. Justice P.N.PRAKASH
and
The Hon'ble Mr. Justice V.SIVAGNANAM W.P.No.19611 of 2017 and W.M.P.No.32625 of 2017 1.N.Jayamurugan 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. 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. 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. 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.
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. 11.J.Geetha 12.J.Nandini 13.A.Subramani 14.M.Amalraj 15.Mariappan .. Petitioners Vs.
1.Adjudicating Authority, (Under Prevention of Money Laundering Act), 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi - 110 001.
2.The Special Director, Directorate of Enforcement, Southern Region, Shastri Bhawan, 3rd Floor, 3rd Block, B-Wing, No.26, Haddows Road, Chennai - 600 006.
3.The Deputy Director, Directorate of Enforcement, Cochin Zonal Office, Kanoos Castle , A.K.Sheshadri Road, (Mullasery Canal Road West), Cochin - 682 011. 4.The Assistant Director, Directorate of Enforcement, Cochin Zonal Office, Kanoos Castle , A.K.Sheshadri Road, (Mullasery Canal Road West), Cochin - 682 011. .. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of declaration to declare in the entire adjudicating proceedings conducted by the 1st respondent in the case of the petitioners 1 to 15 pursuant to the original complaint O.C.No.695 of 2017 dated 23.02.2017 filed by the 3rd respondent before the 1st respondent under Section 5(5) of the Prevention of Money Laundering Act, 2002, are illegal, without jurisdiction and non est in the eye of law on the principle of coram non judice due to lack of coram of the 1st respondent as per Section 6(2) of the Prevention of Money Laundering Act, 2002 and consequently forbear the 1st respondent from proceeding with the adjudicating proceedings under Section 8 of the Prevention of Money Laundering Act, 2002 in O.C.No.695 of 2017 dated 23.02.2017.
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)
ORDER
[Order of the Court was made by P.N.PRAKASH, J.]
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. Connected W.M.P. is closed.
Sd/Assistant Registrar //True Copy// Sub Assistant Registrar nsd To 1.Adjudicating Authority, (Under Prevention of Money Laundering Act), 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi - 110 001. 2.The Special Director, Directorate of Enforcement, Southern Region, Shastri Bhawan, 3rd Floor, 3rd Block, B-Wing, No.26, Haddows Road, Chennai - 600 006. 3.The Deputy Director, Directorate of Enforcement, Cochin Zonal Office, Kanoos Castle , A.K.Sheshadri Road, (Mullasery Canal Road West), Cochin - 682 011. 4.The Assistant Director, Directorate of Enforcement, Cochin Zonal Office, Kanoos Castle , A.K.Sheshadri Road, (Mullasery Canal Road West), Cochin - 682 011.
5.The Public Prosecutor, Madras High Court, Chennai - 600 104.
W.P.No.19611 of 2017
SRA(CO) RMP(19/03/2021)
1.N.Jayamurugan and others
Adjudicating Authority
P.N.PRAKASH
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
