V.T.Mohanan vs Union Of India
2022 Latest Caselaw 8839 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                          WP(C) NO. 28564 OF 2020
PETITIONER/S:

            V.T.MOHANAN
            AGED 58 YEARS
            S/O. V.J. THANKAPPAN, T.C.14/908(1), CHATHANA,
            KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-
            695011.
            BY ADVS.
            G.BIJU
            SRI.V.A.VINOD


RESPONDENT/S:

    1       UNION OF INDIA,
            REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE,
            NORTH BLOCK, NEW DELHI-110001.
    2       DIRECTOR,
            ENFORCEMENT DIRECTORATE, 6TH FLOOR, LOK NAYAK BHAVAN,
            KHAN MARKET, NEW DELHI-110003.
    3       JOINT DIRECTOR,
            ENFORCEMENT DIRECTORATE, KOCHI ZONAL OFFICE, KANOOS
            CASTLE, MULLASSERY CANAL ROAD WEST, COCHIN-682011.
    4       MOST. REV. A. DHARMARAJ RASALAM
            BISHOP & MODERATOR, CHURCH OF SOUTH INDIA, SOUTH KERALA
            DIOCESE, BISHOP HOUSE, LMS COMPOUND,
            THIRUVANANTHAPURAM, PIN - 695 033.
    5       DR.J.BENNET ABRAHAM
            DR.SMCSI MEDICAL COLLEGE, KARAKKONAM, NEYYATTINKARA,
            RESIDING AT PALLIVILA VEEDU, GANDHIPURAM, SREEKARYAM
            (P.O.), THIRUVANANTHAPURAM, PIN - 695 017.
    6       T.T.PRAVEEN
 WP(C) No.28564 of 2020
                                     2

             MANAGING DIRECTOR, MICHAEL BUILDERS & DEVELOPERS
             PVT. LTD., MICHAEL HOUSE, DOOR NO.TC 16/882 (18),
             SREEKRISHNA NAGAR, THYCAUD, JAGATHY,
             THIRUVANANTHAPURAM, PIN - 695 014, PRESENTLY
             ADMINISTRATIVE SECRETARY, CHURCH OF SOUTH INDIA,
             SOUTH KERALA DIOCESE, LMS COMPOUND,
             THIRUVANANTHAPURAM, PIN - 695 033.

             [ADDL.R4 TO R6 ARE IMPLEADED AS PER ORDER DATED
             29.06.2021 IN I.A.2/2021 IN WP(C)28564/2020]
             BY ADVS.
             SHRI.P.VIJAYAKUMAR, ASG OF INDIA
             MANU S., ASG OF INDIA
             SRI.JAISHANKAR V.NAIR, CGC




             ADV PP SUDEER GOPALAKRISHNAN,PP



      THIS    WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR

ADMISSION     ON     07.07.2022,    THE   COURT   ON   THE    SAME   DAY

DELIVERED THE FOLLOWING:
 WP(C) No.28564 of 2020
                                  3



                            JUDGMENT

This writ petition is filed by the petitioner seeking to direct

the respondents to consider Exts.P9 to P11 complaints and to

take necessary actions thereon.

2. The relief sought for in the aforesaid complaint was

to initiate proceedings against the additional respondents herein

under the provisions of the Prevention of Money Laundering Act,

2002.

3. In response to the averments contained in the writ

petition, a statement has been filed by the Central Government

Counsel on behalf of 2nd and 3rd respondents. It is stated

therein that, on the basis of Crime Nos.859/2019 and 379/2019

registered by the Vellarada Police Station, Thiruvananthapuram,

for the offences under Sections 120B, 403, 406, 378, 360, 420

of the IPC, the Enforcement Director, Kochi has already

registered Enforcement Case Information Report against the

party respondents herein and investigation is in progress.

In such circumstances, no further orders are necessary in WP(C) No.28564 of 2020

this writ petition. Accordingly, this writ petition is closed

recording the above submission.

Sd/-

ZIYAD RAHMAN A.A

JUDGE

rpk WP(C) No.28564 of 2020

APPENDIX OF WP(C) 28564/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DATED 19/08/2019 OF THE ADMISSION SUPERVISORY COMMITTEE.

EXHIBIT P2 TRUE COPY OF THE CASH PAYMENT VOUCHER ISSUED BY THE SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA AND THE CORRESPONDING RECEIPT ISSUED BY THE CONTRACTOR, MICHAEL BUILDERS ON 23/05/2017.

EXHIBIT P3 TRUE COPY OF THE CASH PAYMENT VOUCHER ISSUED BY THE SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA AND THE CORRESPONDING RECEIPT ISSUED BY THE CONTRACTOR, MICHAEL BUILDERS ON 26/07/2017.

EXHIBIT P4 TRUE COPY OF THE CASH PAYMENT VOUCHER ISSUED BY THE SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA AND THE CORRESPONDING RECEIPT ISSUED BY THE CONTRACTOR, MICHAEL BUILDERS ON 12/04/2018.

EXHIBIT P5 TRUE COPY OF THE CASH PAYMENT VOUCHER ISSUED BY THE SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA AND THE CORRESPONDING RECEIPT ISSUED BY THE CONTRACTOR, MICHAEL BUILDERS ON 22/05/2018.

EXHIBIT P6 TRUE COPY OF THE CASH PAYMENT VOUCHER ISSUED BY THE SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA AND THE CORRESPONDING RECEIPT ISSUED BY THE CONTRACTOR, MICHAEL BUILDERS ON WP(C) No.28564 of 2020

19/07/2018.

EXHIBIT P7 TRUE COPY OF CONSOLIDATED STATEMENT SHOWING THE PAYMENT BY THE SOUTH KERALA DIOCESE AND RECEIPT BY THE CONTRACTOR IN RESPECT OF CONSTRUCTION OF CENTRE FOR REHABILITATION FOR THE DISABLED, LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM.

EXHIBIT P8 TRUE COPY OF CONSOLIDATED STATEMENT SHOWED THE PAYMENT AND RECEIPT. EXHIBIT P9 TRUE COPY OF COMPLAINT DATED 10/12/2018 PREFERRED BY THE PETITIONER AND 2 OTHERS BEFORE THE 3RD RESPONDENT. EXHIBIT P10 TRUE COPY OF COMPLAINT DATED 07/08/2020 PREFERRED BEFORE THE 3RD RESPONDENT. EXHIBIT P11 TRUE COPY OF COMPLAINT FORWARDED TO THE 2ND RESPONDENT DATED 22/11/2020.