Kerala High Court
Joby Antony vs Union Of India on 7 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C).No.10043 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 10043 OF 2025
PETITIONER(S):
JOBY ANTONY
AGED 51 YEARS
S/O. V. O. ANTONY, RESIDING AT VELIYATH HOUSE,
POTTA P. O., CHALAKKUDY, THRISSUR, PIN - 680722
BY ADVS.
SRI.RENJITH B.MARAR
SMT.LAKSHMI.N.KAIMAL
SRI.P.RAJKUMAR
SRI.KESHAVRAJ NAIR
SHRI.BIJU VIGNESWAR
SHRI.ARUN POOMULLI
SHRI.ABHIRAM.S.
SMT.GAADHA SURESH
SRI.T.K.BABU
SMT.JITHY PRADEEP
SMT.AKHILA RADHAKRISHNAN
SMT.SARIGA RAMACHANDRAN M.
RESPONDENT(S):
1 UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF FINANCE,
NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI,
PIN - 110001
2 THE DIRECTOR
DIRECTORATE OF ENFORCEMENT, DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE, GOVERNMENT OF INDIA, PRAVARTAN
W.P.(C).No.10043 of 2025
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BHAWAN, DR. APJ ABDUL KALAM MARG, NEW DELHI, PIN -
110011
3 THE DEPUTY DIRECTOR
DIRECTORATE OF ENFORCEMENT, DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE, GOVERNMENT OF INDIA, KOZHIKODE
SUB ZONAL OFFICE, 2ND AND 3RD FLOOR, KENDRIYA
BHAVAN, M.S. BABURAJ ROAD, KALLAI, KOZHIKODE, PIN -
673003
BY ADV.
SRI.JAISHANKAR V. NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.10043 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(C) No.10043 of 2025
-------------------------------
Dated this the 07th day of July, 2025
JUDGMENT
The above Writ Petition (C) is filed seeking the
following reliefs:
"(i) Issue a writ in the nature of certiorari or
such other writ, order or direction, calling for records
leading to Exhibit P-20 Order and quash the provisional
attachment over the Petitioner's property;
(ii) Issue a writ in the nature of certiorari or
such other writ, order or direction, calling for records
leading to Exhibit P-20 Order and quash the provisional
freezing of the Bank Accounts of the Petitioner;
(iii) Declare that the provisional attachment
ordered vide Exhibit P-20 on the movable and immovable
properties of the Petitioner is arbitrary and illegal; AND
(iv) Pass such other and further reliefs as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case."[SIC]
2. The impugned order in this case is a
provisional attachment order passed under Section 5 of the
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Prevention of Money Laundering Act, 2002 (for short 'PML
Act').
3. Counsel for the petitioner submitted that,
admittedly, the period of 180 days will expire on 21.07.2025.
No interim order is passed by this Court. No final order is
passed under Section 8 of the PML Act. If that be the case,
the provisional attachment order will go. I think there is force
in the above argument. If no orders are passed under Section
8 of the PML Act within the statutory period, the provisional
attachment order will go.
With the above observation, this Writ Petition (C) is
disposed of. All the contentions raised by the petitioner in this
Writ Petition are left open and the petitioner is free to raise
the legal contentions before the adjudicating authority in
accordance with the law.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
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APPENDIX OF WP(C) 10043/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE EMAIL DATED 19.04.2007
ALONG WITH THE ATTACHED OFFER LETTER SENT
BY MR. RAMESH NARAYANAN, HUMAN RESOURCE
DEPARTMENT, SALEH ALHAMED ALMANA TO THE
PETITIONER.
EXHIBIT P2 TRUE COPY OF THE WORK VISA ISSUED BY THE
MINISTRY OF INTERIOR, STATE OF QATAR FOR
A PERIOD FROM 09.07.2007 TO 09.07.2012 TO
THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT LETTER DATED
14.07.2009 ISSUED BY M.E.S. INDIAN
SCHOOL, DOHA, QATAR TO THE WIFE OF THE
PETITIONER.
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT LETTER DATED
05.01.2011 ISSUED BY AL-BAYAN EDUCATIONAL
ESTABLISHMENT WLL, DOHA, QATAR TO THE
WIFE OF THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE FAMILY VISA ISSUED BY
THE MINISTRY OF INTERIOR, STATE OF QATAR
FOR A PERIOD FROM 15.05.2008 TO
15.05.2012 TO THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE WORK VISA ISSUED BY THE
MINISTRY OF INTERIOR, STATE OF QATAR
BEARING NO. Z2880441 HAVING EXPIRY DATE
03.11.2015.
EXHIBIT P7 TRUE COPY OF THE RESIDENCY PERMIT ISSUED
BY THE MINISTRY OF INTERIOR, STATE OF
QATAR BEARING NO. 27435615655 HAVING
EXPIRY DATE 01.11.2017.
EXHIBIT P8 TRUE COPY OF THE SBI NRE ACCOUNT BANK
STATEMENT BEARING ACCOUNT NO. 57069167764
DATED 23.09.2024 OF THE PETITIONER.
EXHIBIT P9 TRUE COPY OF THE HDFC SAVINGS BANK
ACCOUNT STATEMENT BEARING ACCOUNT NO.
04021000000161 DATED 28.09.2024 OF THE
PETITIONER.
EXHIBIT P10 TRUE COPY OF THE ESAF SAVINGS BANK
ACCOUNT STATEMENT BEARING ACCOUNT NO.
50170024008018 OF THE PETITIONER FOR THE
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PERIOD 02.09.2017 TO 07.09.2017.
EXHIBIT P11 TRUE COPY OF THE SBI STATEMENT OF ACCOUNT
DATED 07.02.2025 BEARING ACCOUNT NO.
67183647495 OF THE PETITIONER.
EXHIBIT P12 TRUE COPY OF THE SBI STATEMENT OF ACCOUNT
DATED 07.02.2025 BEARING ACCOUNT NO.
37557063156 OF THE PETITIONER.
EXHIBIT P13 TRUE COPY OF THE HDFC SAVINGS BANK
ACCOUNT STATEMENT BEARING ACCOUNT NO.
04021000000161 DATED 09.09.2019 OF THE
PETITIONER.
EXHIBIT P14 TRUE COPY OF THE TREASURY SAVINGS BANK
(TSB) PASSBOOK BEARING ACCOUNT NO.
7990100172319 DATED 06.11.2019 OF THE
PETITIONER.
EXHIBIT P15 TRUE COPY OF THE FEDERAL BANK JOINT
SAVINGS BANK ACCOUNT STATEMENT BEARING
ACCOUNT NO. 17080100062358 DATED
21.10.2024 OF THE PETITIONER AND HIS
FATHER.
EXHIBIT P16 TRUE COPY OF THE HDFC SAVINGS BANK
ACCOUNT STATEMENT BEARING ACCOUNT NO.
04021570002004 DATED 01.02.2025 OF THE
PETITIONER'S FATHER.
EXHIBIT P17 TRUE COPY OF THE CSB SAVINGS BANK ACCOUNT
STATEMENT BEARING ACCOUNT NO. 0012-
00719343-190001 DATED 04.02.2025 OF THE
PETITIONER'S FATHER.
EXHIBIT P18 TRUE COPY OF THE FEDERAL BANK SAVINGS
BANK ACCOUNT STATEMENT BEARING ACCOUNT
NO. 17080100062705 DATED 04.02.2025 OF
THE PETITIONER'S FATHER.
EXHIBIT P19 TRUE COPY OF THE SUMMONS DATED 20.09.2024
ISSUED BY THE ADDITIONAL DIRECTOR,
DIRECTORATE OF ENFORCEMENT, KOZHIKODE SUB
ZONAL OFFICE BEARING NUMBER PMLA/ SUMMON/
KZSZO/ 2024/ 256.
EXHIBIT P20 TRUE COPY OF THE PROVISIONAL ATTACHMENT
ORDER BEARING NO. 02/2025 IN
ECIR/KZSZO/02/2023 DATED 21.01.2025
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P21 TRUE COPY OF THE SALE DEED NO. 3962/2011
DATED 28.11.2011 BETWEEN DEVASSY &
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VARGHESE VELIYATH AND THE PETITIONER OF
KALLETTUMKARA SRO.
EXHIBIT P22 TRUE COPY OF THE SALE DEED NO. 5412/2012
DATED 30.11.2012 BETWEEN BENNY & DEVASSY
AND THE PETITIONER OF KALLETTUMKARA SRO.
EXHIBIT P23 TRUE COPY OF THE SALE DEED NO. 4568/2012
DATED 05.09.2012 BETWEEN MRS. PULLAN
ANEES AND MR. ANTONY V.M. AND THE
PETITIONER OF CHALAKKUDY SRO.
EXHIBIT P24 TRUE COPY OF THE PARTITION DEED NO. 723,
BOOK NO. 1 OF 1968 DATED 22.03.1968
BETWEEN MR. MATHAI, MR. DEVASSY AND MR.
ANTONY OF CHALAKKUDY SRO.
EXHIBIT P25 TRUE COPY OF THE GIFT DEED NO.
2633/2022/I DATED 14.09.2022 BETWEEN MR.
ANTONY AND THE PETITIONER OF CHALAKKUDY
SRO.
EXHIBIT P26 TRUE COPY OF THE SALE DEED NO. 5892/2012
DATED 22.11.2012 BETWEEN SEENA SUNNY AND
THE PETITIONER AND MR. ASHRAF CHAKKARATH
OF CHALAKKUDY SRO.
