Madras High Court
M.V.Swaminathan vs Union Of India on 26 September, 2022
Author: P.N.Prakash
Bench: P.N.Prakash
W.P.No.23861 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 26.09.2022
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
AND
THE HONOURABLE Mr.JUSTICE RMT.TEEKAA RAMAN
W.P.No.23861 of 2021
AND
W.M.P.No.25145 of 2021
M.V.Swaminathan .. Petitioner
Vs.
1.Union of India
Through its Revenue Secretary
Ministry of Finance
Department of Revenue
128-A, North Block, New Delhi 110 001
2.The Hon'ble Adjudicating Authority
Prevention of Money-Laundering Act (PMLA)
Room No.26M, 4th Floor, Jeevan Deep Building
Parliament St., New Delhi 110 001
3.The Deputy Director
Directorate of Enforcement
Chennai Zonal Office-I
3rd Floor, C-Block, Murugesa Naicker Complex
No.84, Greams Road, Thousand Lights
Chennai 600 006
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.23861 of 2021
4.The Appellate Tribunal (PMLA)
Prevention of Money-Laundering Act
Ministry of Finance
Department of Revenue
4th Floor, 'A' Wing, Loknayak Bhavan
Khan Market, New Delhi 110 003 .. Respondents
Petition filed under Article 226 of the Constitution of India, praying
to issue a writ of certiorari to call for the records and quash the order dated
26.08.2019 passed by the 2nd respondent u/s 8(3) of PML Act, 2000, in PAO
No.05/2019 dated 30.03.2019 on the complaint in O.C.No.1122/2019 u/s
5(5) of PML Act, 2000, on the file of the 2nd respondent, filed by the
3rd respondent including the notice for taking possession dated 22.10.2021
in F.No.ECIR-CEZO-1/08/2017 and notice for eviction dated 25.10.2021
issued by the 3rd respondent bearing F.No.ECIR-CEZO-1/08/2017.
For Petitioner : Mr.Nithyaesh Natraj
For Respondents : Mr.P.Sidharthan
Special Public Prosecutor
(Enforcement Directorate)
ORDER
[Order of the Court was made by P.N.PRAKASH, J.] On 02.11.2021, this Court passed the following order :
“The minimum facts that are required to be stated for passing interim order in this case, are as follows:
(i) The petitioner faced a prosecution for the offences 2/6 https://www.mhc.tn.gov.in/judis W.P.No.23861 of 2021 u/s.13(1)(e) of the Prevention of Corruption Act, 1988, that was initiated by the CBI. Pursuant to that, the Enforcement Directorate, registered a case in ECIR No.CEZO/08/2017 under the PMLA and passed a provisional attachment order in PAO No.5/2019 dated 30.03.2019 attaching a flat of the petitioner viz.,B-9, Srichakra Flat, 46th Street, M.K.Nagar, Nanganallur, Chennai - 600 061.
(ii) Challenging the provisional order of attachment, the petitioner approached the adjudicating authority, who confirmed the provisional order of attachment in O.C.No.1122/2019 on 26.08.2019.
(iii)Challenging the order of the adjudicating authority, the petitioner has filed a statutory appeal u/s.26 of the PMLA before the Appellate Tribunal in Appeal No.3210/CHN/2019.
(iv)It appears that the petitioner had also filed a petition in Crl.O.P.No.16198 of 2019 u/s.482 Cr.P.C. challenging the registration of ECIR No.CEZO/08/2017, which the petitioner appears to have withdrawn on 01.02.2021.
(v) While so, the Enforcement Directorate has now issued notices for eviction dated 22.10.2021 and 25.10.2021 calling upon the petitioner to handover the vacant possession of the said flat within ten days from the date of receipt of the notice.
2. Challenging the said eviction notice, the petitioner has filed the present Writ Petition on the sole ground that he is remediless as the Central Government has not appointed a Presiding Officer in the Appellate Tribunal under the PMLA.
3. Mr.P.Sidharthan, learned Special Public Prosecutor [Enforcement Directorate], takes notice for the Directorate of Enforcement.
4. We are aware of the fact that no Presiding Officer is available in the Appellate Tribunal and therefore, the petitioner would not be able to move an application in Appeal 3/6 https://www.mhc.tn.gov.in/judis W.P.No.23861 of 2021 No.3210/CHN/2019 seeking an interim order against the eviction notices that have been issued now.
5. In view of the above, there will be an order of interim stay of the eviction notices dated 22.10.2021 and 25.10.2021 till 14.12.2021.
Post on 14.12.2021.”
2. The order of interim stay was extended from time to time, on the ground that the Central Government had not appointed Presiding Officer for the Appellate Tribunal. Now that the post of the Presiding Officer of the Appellate Tribunal has been filled up, it is for the petitioner to prosecute his appeal before the said Appellate Tribunal. However, the order of interim stay already granted by this Court on 02.11.2021 and subsequently, extended from time to time, is extended up to the first hearing of Appeal No.3210/CHN/2019, which is pending on the file of the Appellate Tribunal (PMLA cases), New Delhi.
With the above direction, this writ petition stands closed. No costs.
Connected miscellaneous petition also stands closed.
[P.N.P., J.] [TKR, J.]
26.09.2022
gya (2/2)
4/6
https://www.mhc.tn.gov.in/judis W.P.No.23861 of 2021 To
1.The Secretary Ministry of Finance Department of Revenue 128-A, North Block, New Delhi 110 001
2.The Hon'ble Adjudicating Authority Prevention of Money-Laundering Act (PMLA) Room No.26M, 4th Floor, Jeevan Deep Building Parliament St., New Delhi 110 001
3.The Deputy Director Directorate of Enforcement Chennai Zonal Office-I 3rd Floor, C-Block, Murugesa Naicker Complex No.84, Greams Road, Thousand Lights Chennai 600 006
4.The Appellate Tribunal (PMLA) Prevention of Money-Laundering Act Ministry of Finance Department of Revenue 4th Floor, 'A' Wing, Loknayak Bhavan Khan Market, New Delhi 110 003 (Appeal No.3210/CHN/2019) 5/6 https://www.mhc.tn.gov.in/judis W.P.No.23861 of 2021 P.N.PRAKASH, J.
AND RMT.TEEKAA RAMAN, J.
gya W.P.No.23861 of 2021 26.09.2022 (2/2) 6/6 https://www.mhc.tn.gov.in/judis