B.Kamalam vs The Joint Director on 15 October, 2014

[Cites 3, Cited by 3]

Madras High Court

B.Kamalam vs The Joint Director on 15 October, 2014

Bench: V.Ramasubramanian

       

  

  

 
 
 In the High Court of Judicature at Madras

Dated : 15.10.2014

Coram :

The Honourable Mr.Justice V.RAMASUBRAMANIAN

Writ Petition No.27451 of 2014 and MP.No.1 of 2014

B.Kamalam								...Petitioner
Vs
1.The Joint Director, Directorate of 
   Enforcement, Chennai-6.

2.The Assistant Director, Directorate
   of Enforcement, Chennai-6.					...Respondents


	PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari to call for the records pertaining to the impugned notice of the first respondent passed in file No.ECIR/1/CZO/PMLA/ 2012(KCM) dated 10.10.2014 and quash the same. 

			For Petitioner : Mr.A.Mohamed Ismail
			For Respondents : Mr.M.Dhandapani

ORDER

A provisional order of assessment was passed against the petitioner, her son and her grand-daughter by the Adjudicating Authority under the Prevention of Money Laundering Act, 2002 on 17.9.2014. The copy of the order was served on the petitioner on 29.9.2014.

2. Under Section 26(3) of the Act, the petitioner has a right of appeal to the Tribunal. The limitation for filing an appeal is 45 days and it has not expired. However, the first respondent issued a notice of eviction on (2) 10.10.2014. Therefore, the petitioner has come up with the above writ petition challenging the notice of eviction.

3. Heard Mr.A.Mohamed Ismail, learned counsel for the petitioner. Mr.M.Dhandapani, learned Standing Counsel takes notice for the respondents.

4. The petitioner has even taken a demand draft on 10.10.2014 for a sum of Rs.10,000/- in favour of the Registrar, Appellate Tribunal for moving an appeal. The time limit for filing an appeal has not so far expired. What is provided by Section 26(3) is a statutory right of appeal. Therefore, such a right cannot be defeated by dispossessing the petitioner even before the expiry of the period of limitation.

5. Hence, the writ petition is disposed of to the following effect :

(i) The petitioner shall file the statutory appeal within the period of limitation before the Appellate Tribunal, along with an application for stay;

(ii) The petitioner is granted time upto 31.12.2014 to get some orders of protection from the Appellate Tribunal;

(iii) If the petitioner is unable to get any protective order from the Tribunal on or before 31.12.2014, it will be open to the first respondent to proceed with the impugned notice of eviction; and

(iv) However, in case there is any difficulty due to reasons not attributable to the petitioner, it is open to the petitioner to come up.

No costs. Consequently, the above MP is closed.

15.10.2014 V.RAMASUBRAMANIAN,J RS Internet : Yes To

1.The Joint Director, Directorate of Enforcement, Chennai-6.

2.The Assistant Director, Directorate of Enforcement, Chennai-6.

WP.No.27451 of 2014 and MP.No.1 of 2014

15.10.2014

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