Kerala High Court
Highrich Online Shoppe Private Limited vs Union Of India on 11 April, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 11TH DAY OF APRIL 2024/22ND CHAITHRA, 1946
WP(C) NO. 12725 OF 2024
PETITIONERS:
1 HIGHRICH ONLINE SHOPPE PRIVATE LIMITED,
DOOR NO.TC41/1030/14, SECOND FLOOR,
KANIMANGALAM TOWER, VALIYALUKKAL, THRISSUR ,
REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 680 027.
2 HIGHRICH SMARTECH PRIVATE LIMITED
5/693/20 SREEHARI BUILDING RAJI NURSING HOME,
HOSPITAL ROAD, ASWINI, JUNCTION, THRISSUR
REPRESENTED BY ITS MANAGING DIRECTOR.,
PIN - 680 020.
3 KOLATT DASAN PRATHAPAN
AGED 44 YEARS, S/O. DASAN, KOLATT HOUSE,
KARUVAN VALAVU, ERAVU P.O., THRISSUR,
PIN - 680 620.
4 SREENA PRATHAPAN
AGED 33 YEARS, W/O. KOLATT DASAN PRATHAPAN,
KOLATT HOUSE, KARUVAN VALAVU, ERAVU P.O.,
THRISSUR, PIN - 680 620.
BY ADVS.
P.A.MOHAMMED SHAH
RENOY VINCENT
SHAHIR SHOWKATH ALI
CHELSON CHEMBARATHY
ABEE SHEJIRIK FASLA N.K
MUHAMED JUNAID V.
FATHIMA AFEEDA P.
ADITH KRISHNAN.U.
SHERIN SHERIYAR
W.P.(C) No.12725 of 2024
:2:
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NORTH BLOCK,
NEW DELHI, PIN - 110 001.
2 ASSISTANT DIRECTOR
DIRECTORATE OF ENFORCEMENT, CALICUT
SUB ZONAL OFFICE, KENDRIYA BHAVAN,
2ND AND 3RD FLOOR, KOZHIKODE,
PIN - 673 003.
3 ADJUDICATING AUTHORITY (PMLA),
ROOM NO. 25, 4TH FLOOR, JEEVAN DEEP BUILDING,
PARLIAMENT STREET, NEW DELHI, PIN - 110 001.
BY ADV
JAISHANKAR.V. NAIR, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.12725 of 2024
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JUDGMENT
Dated this the 11th day of April, 2024
See order dated 02.04.2024. The learned CGC on
instructions submitted that, once the matter has been placed
before the adjudicating authority, the authorised officer does
not any further process a request for transfer of the property,
which has been attached. However, it is submitted that, there is
no prohibition in the Statute and there is also no power
available to the adjudicating authority to consider the question
of granting permission for transfer.
2. Since, the matter is already before the adjudicating
authority, there will be a direction to the adjudicating authority
to consider and pass orders within the period available under
the Statue, that is, 180 days from the date of freezing. The
petitioner shall file an application for permission for transfer of
the property, which has been frozen, as provided under Section
17(1A). There will be a further direction to the authorised
officer to consider the request submitted by the petitioner,
restricting the order of freezing to the extent of the amount
covered in the FIR, which has already been registered.
Necessary information shall be provided to the adjudicating
authority about such an application and consideration of the
application shall be done within one month from the date of
receipt of a copy of this judgment.
Sd/-
T.R RAVI
JUDGE
AMR
APPENDIX OF WP(C) 12725/2024
PETITIONERS' EXHIBITS
Exhibit P1 THE TRUE COPY OF FIR NO.880/2022 OF
ERNAKULAM TOWN SOUTH POLICE STATION
DATED 28.07.2022.
Exhibit P2 A TRUE COPY OF FIR NO.1070/2023 OF
CHERPU POLICE STATION, THRISSUR RURAL
DATED 18.09.2023.
Exhibit P3 THE TRUE COPY OF FIR NO.60/2023 OF
SULTHAN BATHERY POLICE STATION,
WAYANAD DATED 22.01.2023.
Exhibit P4 THE TRUE COPY OF FREEZING ORDER PASSED
BY THE RESPONDENT NO.2 DATED
24.01.2024.
Exhibit P5 THE TRUE COPY OF THE APPLICATION FILED
BY THE 2ND RESPONDENT BEFORE THE 3RD
RESPONDENT DATED 24.01.2024.
Exhibit P6 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED TO THE PETITIONER NO.3 BY THE
RESPONDENT NO.3 DATED 23.02.2024 WITH
ENCLOSURES.
