THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P. No. 10854 of 2020 and W.M.P. No. 13179 of 2020 case against S. Jagathrakshakan stayed order copy,

.pdf

[8/17, 20:23] Sekarreporter 1: W.P. No. 10854 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2020
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P. No. 10854 of 2020
and
W.M.P. No. 13179 of 2020
S.[8/17, 20:23] Sekarreporter 1: W.P. No. 10854 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2020
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P. No. 10854 of 2020
and
W.M.P. No. 13179 of 2020
S. Jagathrakshakan,
Aged about 72 years,
S/o. Swamikannu Gounder,
No.1, 1st Main Road, Kasthuribai Nagar,
Adyar,
Chennai 600 020. … Petitioner
Vs
Deputy Director,
Directorate of Enforcement,
2
nd and 3
rd floor,
Murugesa Naicker Complex,
84, Greams Road,
Thousand Lights,
Chennai 600 006. … Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorari, calling for the records relating to the
impugned order passed by the 1
st respondent in his proceedings in ECIR/05/CEZO-
1/10 http://www.judis.nic.in
[8/17, 20:23] Sekarreporter 1: W.P. No. 10854 of 2020
II/2019 dated 12.06.2020 initiated by the respondent and quash the same as illegal,
without jurisdiction and arbitrary.
For Petitioner : Mr.C.Mani Shankar,
Senior Counsel
For Mr.N.Senthil Kumar
For Respondents : Mr.Shankaranarayanan,
Additional Solicitor General of India
O R D E R
(Order of the court was made by N.KIRUBAKARAN.J.,)
The matter is heard through “Video Conferencing”.
2. Heard Mr.C.Mani Shankar, learned Senior Counsel on behalf of the
petitioner and Mr.Shankaranarayanan, learned Additional Solicitor General of India
on behalf of the respondent.
3. A perusal of the records would show that shares of Chrome Leather
Company Private Limited held by Ida L. Chambers had been a subject matter
before this Court and a compromise decree was passed in Application No.220/1965
in C.S.No.46/1963 and C.S.No.2/1964 on 19.02.1965 between M/s. Ida L.
2/10 http://www.judis.nic.in
[8/17, 20:23] Sekarreporter 1: W.P. No. 10854 of 2020
the purchase of shares of the company by Mr.Nagappa Chettiar on 21.04.1965 and
purchase of shares of the company by the petitioner as a nominee of VKK Charities
which was the successful bidder to purchase the sale of shares in the auction
brought by Central Bank of India, prima facie it appears that there is no connection
between the petitioner and the alleged transactions made in the year 1965.
11. Further, as already observed, the alleged fabrication of shares is said to
have been taken place in the year 1965 and the petitioner is said to have encroached
upon the properties in the year 1995, during which time the PMLA Act, 2002 was
not in force.
12. In view of the aforestated reasons, the proceedings have to be stayed
as prayed for.
13. Besides, Registry is directed to call for the entire records in
Application No. 2297/1965 in C.S.No.46 of 1963 presently under the custody of
Judicial Magistrate No.I, Chengalpattu in a sealed cover.
8/10 http://www.judis.nic.in Jagathrakshakan,
Aged about 72 years,
S/o. Swamikannu Gounder,
No.1, 1st Main Road, Kasthuribai Nagar,
Adyar,
Chennai 600 020. … Petitioner
Vs
Deputy Director,
Directorate of Enforcement,
2
nd and 3
rd floor,
Murugesa Naicker Complex,
84, Greams Road,
Thousand Lights,
Chennai 600 006. … Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorari, calling for the records relating to the
impugned order passed by the 1
st respondent in his proceedings in ECIR/05/CEZO-
1/10 http://www.judis.nic.in
[8/17, 20:23] Sekarreporter 1: W.P. No. 10854 of 2020
II/2019 dated 12.06.2020 initiated by the respondent and quash the same as illegal,
without jurisdiction and arbitrary.
For Petitioner : Mr.C.Mani Shankar,
Senior Counsel
For Mr.N.Senthil Kumar
For Respondents : Mr.Shankaranarayanan,
Additional Solicitor General of India
O R D E R
(Order of the court was made by N.KIRUBAKARAN.J.,)
The matter is heard through “Video Conferencing”.
2. Heard Mr.C.Mani Shankar, learned Senior Counsel on behalf of the
petitioner and Mr.Shankaranarayanan, learned Additional Solicitor General of India
on behalf of the respondent.
3. A perusal of the records would show that shares of Chrome Leather
Company Private Limited held by Ida L. Chambers had been a subject matter
before this Court and a compromise decree was passed in Application No.220/1965
in C.S.No.46/1963 and C.S.No.2/1964 on 19.02.1965 between M/s. Ida L.
2/10 http://www.judis.nic.in
[8/17, 20:23] Sekarreporter 1: W.P. No. 10854 of 2020
the purchase of shares of the company by Mr.Nagappa Chettiar on 21.04.1965 and
purchase of shares of the company by the petitioner as a nominee of VKK Charities
which was the successful bidder to purchase the sale of shares in the auction
brought by Central Bank of India, prima facie it appears that there is no connection
between the petitioner and the alleged transactions made in the year 1965.
11. Further, as already observed, the alleged fabrication of shares is said to
have been taken place in the year 1965 and the petitioner is said to have encroached
upon the properties in the year 1995, during which time the PMLA Act, 2002 was
not in force.
12. In view of the aforestated reasons, the proceedings have to be stayed
as prayed for.
13. Besides, Registry is directed to call for the entire records in
Application No. 2297/1965 in C.S.No.46 of 1963 presently under the custody of
Judicial Magistrate No.I, Chengalpattu in a sealed cover.
8/10 http://www.judis.nic.in

Leave a Reply

Your email address will not be published. Required fields are marked *

Call Now ButtonCALL ME