Madras High Court
A.Seeni @ Seenivasan vs The Chairperson on 12 June, 2023
W.P.(MD)Nos.14357 of 2015 and 1030 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)Nos.14357 of 2015 and 1030 of 2016
W.P.(MD)No.14357 of 2015
A.Seeni @ Seenivasan ... Petitioner
versus
1. The Chairperson,
Adjudicating Authority,
Room No.25, 4th Floor,
Jeevan Deep Building,
Patel Chowk,
Parliament Street, New Delhi.
2. The Joint Director,
Directorate of Enforcement,
Government of India,
Ministry of Finance,
Department of Revenue,
2nd and 3rd Floor, 'C' Block,
Murugesa Naicker Complex,
No.84, Greams Road, Thousand Lights,
Chennai – 600 006.
3. The Assistant Director,
O/o. Deputy Director,
Enforcement Directorate,
1/10
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14357 of 2015 and 1030 of 2016
Madurai Sub Zonal Office,
No.6 (Old No.42), Besant Road,
Chokkikulam, Madurai – 2. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Certiorari, to call for the records of
the impugned notice of eviction vide F.No.ECIR/04/MDSZO/2014
dated 04.08.2015 issued by the 3rd respondent and quash the same as
illegal.
For Petitioner : Mr.K.Kannan
For Respondents : Mr.R.Vijaya Rajan
W.P.(MD)No.1030 of 2016
A.Seeni @ Seenivasan ... Petitioner
versus
The Government of India,
Rep. by its Joint Director,
Directorate of Enforcement,
Ministry of Finance,
Department of Revenue,
2nd and 3rd Floor, C Block,
Murugesa Naickar Complex,
No.84, Greams Road, Thousand Light,
Chennai – 6. ... Respondent
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Mandamus, to direct the respondent
to release the properties, both movable and immovable properties
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14357 of 2015 and 1030 of 2016
blocked by the respondent as per his proceedings in
F.No.ECIR/MDSZO/04/PMLA/2014 (PV) on 31.03.2015 to the
petitioner based on his representation dated 07.12.2015 made to the
respondent herein.
For Petitioner : Mr.K.Kannan
For Respondent : Mr.R.Vijaya Rajan
COMMON ORDER
The petitioner was arrayed as an accused in Crime No.140 of
2013 for the offences punishable under Section 8(C) r/w. 20(6)(ii)(C)
r/w. 25 and 29 of NDPS Act, 1985 and was also detained as Goonda
under Act 14 of 1982. On the recommendation of the Inspector of
Police, Natham Police Station, the respondents have initiated action as
against the petitioner under Section 5(1) of the Prevention of Money
Laundering Act vide proceedings in F.No.ECIR/
MDSZO/04/PMLA/2014 (PV) dated 31.05.2015 and the following
properties of the petitioner have been attached pending the criminal
case that these properties have been accumulated on the proceeds of
crime.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14357 of 2015 and 1030 of 2016
Immovable Properties:
Sl.No Document Property Description
Name of the Value as per
No. Date Survey No. Measurement
property Document
holder
1. 1097/2007 20.06.2007 199/2 3318 sq. ft. A.Seeni Rs.33,000
2. 575/2007 21.03.2007 No. 1 Acre and 25 ½ Sugumari, Rs.92,000
297/1B2, Cents Plot W/o.A.Seeni
297/1B1
3. 288/208 13.02.2008 297/1B2, 1 Acre and 8 ½ Sugumari, Rs.1,30,000
297/1B1, Cent Plot W/o.A.Seeni
297/1A2
4. 422/2008 28.02.2008 375/3A and 1470 Sq.ft. Plot Vasuki, Rs.23,73,500/-
375/3B4 with a house W/o.A.Seeni
constructed on it
having Door
(New) No.8/69,
Nehru Nagar,
Ayan Velampatti
Village
5. 1011/2013 05.04.2013 375/13 578 sq. ft. Plot Vasuki, Rs.2,00,000/-
and a house W/o.A.Seeni
measuring 288 sq.
ft.
6. 1681/2010 29.06.2010 No.375/3A 1102 ½ sq. ft. Vasuki, Rs.1,29,000/-
Plot with a house W/o.A.Seeni
Movable Properties:
Sl.No Description of the Registration Number and Value Owner of the
property year of purchase Property
1. Chevrolet Tavera B3 TN-57-AB 2423 & 2010 Rs.7,88,000/- Vasuki,
W/o.A.Seenivasan
Therefore, the petitioner has filed W.P.(MD)No.1030 of 2016 for a
Mandamus to release both the movable and immovable properties
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W.P.(MD)Nos.14357 of 2015 and 1030 of 2016
blocked by the respondent as per the proceedings dated 31.03.2015.
Consequent to that, the respondents have also issued an order of
eviction vide F.No.ECIR/04/MDSZO/2014 dated 04.08.2015 directly
to the petitioner to evict his house property situated at Door No.8/69,
Nehru Nagar, Ayan Velampatti Village. As against that order, the
petitioner has filed W.P.(MD)No.14357 of 2015.
2. Since the issue involved in both the writ petitions and the
petitioner in both the writ petitions are one and the same, these writ
petitions are taken up for hearing and disposed of by a common order.
3. The learned counsel for the petitioner submits that the
petitioner is an innocent person and however, he has been falsely
implicated in the case in Crime No.140 of 2013 and the same was also
tried in C.C.No.52 of 2016 by the District and Sessions Court for EC
and NDPS Act Cases, Madurai. The trial Court, by Judgment dated
01.08.2017, acquitted the petitioner from all the charges levelled as
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14357 of 2015 and 1030 of 2016
against him. Based on the Judgment dated 01.08.2017, a complaint
filed by the Directorate of Enforcement against the petitioner, under the
Prevention of Money Laundering Act, before the Principal Sessions
Court, Madurai, in C.C.No.5 of 2016, was also ended in acquittal on
20.12.2017. Therefore, both the proceedings are liable to be quashed.
4. The learned counsel appearing for the Directorate of
Enforcement submits that as against the order passed by the Court in
C.C.No.5 of 2016 dated 20.12.2017, an appeal has been preferred by
the Directorate of Enforcement before this Court in Crl.A.(MD)No.337
of 2018 and the same is pending. Therefore, he request this Court to
list this matter along with appeal pending before this Court.
5. This Court considered the rival submissions made and perused
the materials available on record.
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W.P.(MD)Nos.14357 of 2015 and 1030 of 2016
6. These writ petitions have been filed in the year 2015 and
2016 respectively and the same are pending for the past eight years.
The learned counsel for the petitioner claims that the petitioner has
been acquitted in the criminal case initiated as against him in C.C.No.
52 of 2016 and the criminal case in C.C.No.5 of 2016 instituted as
against him under the Prevention of Money Laundering Act. However,
the Directorate of Enforcement has filed Crl.A.(MD)No.337 of 2018,
as against the order of acquittal passed by the Principal Sessions Court,
Madurai, in C.C.No.5 of 2016, which was initiated under the
Prevention of Money Laundering Act.
7. The learned counsel appearing for the petitioner has also come
forward with an affidavit of undertaking that he will not create any
encumbrance or alienation of the properties till the disposal of Crl.A.
(MD)No.337 of 2018.
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W.P.(MD)Nos.14357 of 2015 and 1030 of 2016
8. In view of the affidavit of undertaking filed by the petitioner
and also the fact that as on date, the petitioner has been acquitted from
all the charges, both the writ petitions are disposed of by recording the
affidavit of undertaking of the petitioner. Both the parties shall
co-operate for early disposal of Crl.A.(MD)No.337 of 2018. The
Department is also permitted to file a copy of this order before the
Registration Authority. No costs.
12.06.2023
ogy
NCC : Yes / No.
Index : Yes / No.
Internet: Yes / No.
To
1. The Chairperson,
Adjudicating Authority,
Room No.25, 4th Floor,
Jeevan Deep Building,
Patel Chowk,
Parliament Street, New Delhi.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14357 of 2015 and 1030 of 2016
2. The Joint Director,
Directorate of Enforcement,
Government of India,
Ministry of Finance,
Department of Revenue,
2nd and 3rd Floor, 'C' Block,
Murugesa Naicker Complex,
No.84, Greams Road, Thousand Lights,
Chennai – 600 006.
3. The Assistant Director,
O/o. Deputy Director,
Enforcement Directorate,
Madurai Sub Zonal Office,
No.6 (Old No.42), Besant Road,
Chokkikulam, Madurai – 2.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14357 of 2015 and 1030 of 2016
B.PUGALENDHI, J.
ogy
W.P.(MD)Nos.14357 of 2015
and 1030 of 2016
12.06.2023
https://www.mhc.tn.gov.in/judis
