Kerala High Court
Sreehari K.P vs Assistant Director on 29 January, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:6877
WP(C) NO. 46279 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 29TH DAY OF JANUARY 2025 / 9TH MAGHA, 1946
WP(C) NO. 46279 OF 2024
PETITIONERS:
1 SREEHARI K.P
AGED 47 YEARS
SON OF NARAYANAN POTHUVAL, KUNNATHU MANAYAIL,
PAYYADAKATH, ETTUKUDUKKA PO, KANNUR, PIN - 670521
2 RADHAMANI K.P
AGED 45 YEARS
WIFE OF SREEHARI K.P, KUNNATHU MANAYAIL,
PAYYADAKATH, ETTUKUDUKKA PO, KANNUR, PIN - 670521
3 SRJ UNIVERSE, REPRESENTED BY IT'S PARTNER AND
AUTHORIZED SIGNATORY, SREEHARI K.P
AGED 47 YEARS
ALAPPADAMBA, ETTUKUDUKKA PO, KANNUR, PIN - 670521
4 AMBIKA K.P
AGED 47 YEARS
DAUGHTER OF NARAYANAN POTHUVAL, KUNNATHU MANAYIL,
PAYYADAKATH, ETTUKUDUKKA PO, KANNUR, PIN - 670521
BY ADVS.
ANIL S.RAJ
K.N.RAJANI
RADHIKA RAJASEKHARAN P.
ANILA PETER
SIMI S. ALI
SARITHA K.S.
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WP(C) NO. 46279 OF 2024
2
RESPONDENTS:
1 ASSISTANT DIRECTOR
DIRECTORATE OF ENFORCEMENT, COCHIN ZONE, KOCHI,
ERNAKULAM DISTRICT, PIN - 682011
2 KERALA GRAMIN BANK
REPRESENTED BY IT'S BRANCH MANAGER, MATHIL BRANCH,
KANNUR, PIN - 670343
DSGI SRI T C KRISHNA ,
SC JAISHANKAR V NAIR ,
SC SRI JAWAHAR JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 46279 OF 2024
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JUDGMENT
Dated this the 29st day of January, 2025
The writ petition is filed to direct the 2 nd
respondent to permit the petitioners to operate their
bank accounts bearing Nos.40409100003988,
40409101009309, 40409111000353 and
40409100002142.
2.The petitioners are the holders of the above bank
accounts with the 2nd respondent. The 2nd respondent
has imposed debit restrictions on the petitioners' bank
accounts without any sanction of law. The petitioners
are not accused in any crime. The petitioners have
learnt that the 2nd respondent has imposed the said
restrictions based on the instructions from the 1 st
respondent. The action of the 2nd respondent is
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arbitrary. Hence, this writ petition.
3. The 1st respondent has filed a counter affidavit,
inter alia, contending that the petitioners are suspected
to be involved in a Money Laundering Case. The 1 st
respondent has registered a crime against Highrich
Online Shoppee Pvt. Ltd, wherein freezing orders along
with provisional attachment orders have been passed.
The 1st respondent has issued a letter to the 2 nd
respondent in anticipation of debit freezing of the
petitioners' bank accounts. The investigation in the
crime is in progress. The 1st respondent has sought for
information from the 2nd respondent in respect of the
petitioners' monetary transactions. The 1st respondent is
apprehensive that the petitioners bank accounts may be
utilized for layering the proceeds of the crime to invoke
Section 5 of the Prevention of Money Laundering Act
(PMLA) and attach the bank accounts of the petitioners.
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WP(C) NO. 46279 OF 2024
As of now, the 1st respondent has only requested the
assistance of the 2nd respondent to notify them regarding
the transactions of the petitioners' bank accounts.
Therefore, the writ petition may be dismissed.
4. Heard; the learned counsel appearing for the
petitioners, the learned Standing Counsel appearing for
the 1st respondent and the learned counsel for the 2nd
respondent.
5. On a consideration of the facts and materials on
record, especially the fact that the petitioners are not
accused in the crime registered by the 1st respondent
and their bank accounts have not been attached, I am of
the view that the 2nd respondent is to be directed to lift
the restrictions on the petitioners' bank accounts and
permit them to operate their bank accounts in
accordance with law.
Consequentially, I direct the 2nd respondent to lift
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WP(C) NO. 46279 OF 2024
the debit restrictions on the petitioners' bank accounts
mentioned above and permit them to operate their bank
accounts.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rmm29/1/2025
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WP(C) NO. 46279 OF 2024
APPENDIX OF WP(C) 46279/2024
PETITIONER EXHIBITS
Exhibit P1 PASSBOOK PARTICULARS OF THE ACCOUNT OF
THE 1ST PETITIONER WITH THE 2ND
RESPONDENT BANK
Exhibit P2 PASSBOOK PARTICULARS OF THE 2ND
PETITIONER WITH THE 2ND RESPONDENT BANK
Exhibit P3 PASSBOOK PARTICULARS OF THE 3RD
PETITIONER WITH THE 2ND RESPONDENT BANK
Exhibit P4 PASSBOOK PARTICULARS OF THE 4TH
PETITIONER WITH THE 2ND RESPONDENT BANK
Exhibit P5 TRUE COPY OF THE OA 1256 OF 2024 DATED
10/07/2024
Exhibit P6 TRUE COPY OF THE ORDER DATED 29.8.2024
Exhibit P7 TRUE COPY OF THE SCREENSHOT OF THE
BANKING APPLICATION IN RESPECT OF THE 1ST
PETITIONER'S ACCOUNT WITH THE 2ND
RESPONDENT
Exhibit P8 TRUE COPY OF THE SCREENSHOT OF THE
BANKING APPLICATION IN RESPECT OF THE 4TH
PETITIONER'S ACCOUNT WITH THE 2ND
RESPONDENT
Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED
13.11.2024 IN W.P.(C) 39058 OF 2024
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of the communication to the 2nd
respondent dated 06.02.2024
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WP(C) NO. 46279 OF 2024
PETITIONER EXHIBITS
Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED
11.11.2024 IN W.P.(C) 37880 OF 2024
Exhibit P11 LEGIBLE COPY OF EXHIBIT P2
