Madras High Court
R.Kumaravel vs The Inspector General Of Registration on 7 January, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.(MD)No.9063 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.9063 of 2024
1.R.Kumaravel
2.G.Ponmalar ... Petitioners
-Vs-
1.The Inspector General of Registration,
Tamil Nadu Government Registration Department,
No.100, Santhome High Road,
Chennai-600 028.
2.The Deputy Director,
Directorate of Enforcement,
Government of India, Ministry of Finance,
Department of Revenue,
2nd and 3rd Floor, C Block,
Murugesan Naicker Complex,
No.84, Greams Road, Thousand Lights,
Chennai-600 006.
3.The Sub Registrar,
Sub Registrar Office,
90, Kamarajar Bazaar,
Near Bus Stop, Bodinayakkanur-625530. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a Writ of Mandamus, to direct the 1st respondent to remove the attachment made
by the Enforcement Directorate 2nd respondent pertaining to the properties
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1/7
W.P.(MD)No.9063 of 2024
situated in P.Meenatchipuram Village, P.Anaikaraipatti, Chinnaarupulam,
Periyakulam Taluk, Bodi-Sub Division, Theni District:-
(i)Agricultural land ad-measuring 1 acre 36 cents bearing patta No.599 in
Survey No.51/2
(ii)Agricultural land ad-measuring 1 acre 44 cents bearing old patta No.
794 and new patta No.3780 in Survey No.51/4
(iii)Agricultural land ad-measuring 1 acre 12 cents bearing patta No.4207
in Survey No.52/3E
(iv)Agricultural land ad-measuring 1 acre 94 cents bearing old patta No.
664 and new patta No.1339 in Survey No.51/1
based on the order of the appellate Tribunal for SAFEMA, FEMA,
PMLA, NDPS and PBPT Act, New Delhi vide dated 14.09.2023 in appeals
bearing number FPA-PMLA-1858/CHN/2017, FPA-PMLA-1857/CHN/2017
and FPA-PMLA-1856/CHN/2017 based on the representation dated
29.02.2024.
For Petitioners : Mr.J.Thomas Raja Durai
For R1 : Mr.M.Sarangan,
Additional Government Pleader
For R2 : Mr.K.Govindarajan,
Deputy Solicitor General of India
ORDER
This Writ Petition has been filed for a direction to the 1st respondent to
remove the attachment made by the 2nd respondent pertaining to the properties
in Survey No.51/2 to an extent of 1 acre 36 cents bearing patta No.599, in
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Survey No.51/4 to an extent of 1 acre 44 cents bearing old patta No.794 and
new patta No.3780, in Survey No.52/3E to an extent of 1 acre 12 cents bearing
patta No.4207 and in Survey No.51/1 to an extent of 1 acre 94 cents bearing old
patta No.664 and new patta No.1339 situated at P.Meenatchipuram Village,
P.Anaikaraipatti, Chinnaarupulam, Periyakulam Taluk, Bodi-Sub Division,
Theni District, based on the order of the appellate Tribunal for SAFEMA,
FEMA, PMLA, NDPS and PBPT Act, New Delhi dated 14.09.2023 in appeals
bearing number FPA-PMLA-1858/CHN/2017, FPA-PMLA-1857/CHN/2017
and FPA-PMLA-1856/CHN/2017 and based on the representation dated
29.02.2024.
2.The learned counsel appearing for the petitioners would submit that
the 1st petitioner had purchased the said properties from one Kasimayan by
registered sale deed dated 12.03.2015 for a valuable consideration. At the time
of purchase, there was no encumbrance over the properties by attachment order
or any other mode. While being so, in the year 2017, the 2nd respondent
produced the order passed by the adjudicating authority in O.C.No.685/2017 as
against the petitioner's vendor and thereby, attached the subject properties,
since the petitioner's vendor involved in a case under Narcotic Drugs and
Psychotropic Substances Act, 1985. Aggrieved over the same, the petitioner's
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vendor filed an appeal before the appellate Tribunal for SAFEMA, FEMA,
PMLA, NDPS and PBPT Act, New Delhi by way of appeals vide FPA-
PMLA-1858/CHN/2017, FPA-PMLA-1857/CHN/2017 and FPA-
PMLA-1856/CHN/2017. All the appeals were disposed of vide order dated
14.09.2023 with a direction to release the properties attached by the 2nd
respondent against the accused on the ground that the accused was acquitted
from the criminal case. Pursuant to the same, when the petitioners approached
the 2nd respondent to raise attachment, no action has been taken so far. Hence,
they filed this Writ Petition.
3.The learned Deputy Solicitor General of India appearing for the 2nd
respondent would submit that the petitioners ought to have approached the
Special Court to raise the attachment as contemplated under Section 8(8) of the
Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'PMLA
Act').
4.It is relevant to extract Section 8(8) of PMLA Act hereunder:-
“(8)Where a property stands confiscated to the Central
Government under sub-section (5), the Special Court, in such
manner as may be prescribed, may also direct the Central
Government to restore such confiscated property or part thereof of
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a claimant with a legitimate interest in the property, who may have
suffered a quantifiable loss as a result of the offence of money
laundering:
5.A perusal of the order passed by the appellate Tribunal reveals that
when predicate offence does not survive on account of acquittal, then it cannot
be presumed that the said attached properties were purchased out of proceeds of
crime by way of money laundering. Further, the appellate Tribunal directed the
2nd respondent to release the attached properties of the appellants / affected
persons, as V.Kasimayan and the other accused persons are already acquitted in
predicate offence under NDPS Act vide judgment of acquittal dated 01.08.2017
in Complaint Case No.52 of 2016.
6.In view of the above, since already the appellate Tribunal directed
the 2nd respondent to release the attached properties in pursuant to the
Complaint Case No.52 of 2016, the attachment made by the 2nd respondent in
respect of the subject properties is hereby raised in pursuant to the order passed
by the appellate Tribunal dated 14.09.2023. The registering authority is
directed to record the same in the book of records in respect of the subject
properties forthwith.
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7.With the above direction, this Writ Petition is allowed. No costs.
07.01.2025
(½)
Index : Yes / No
NCC : Yes / No
Yuva
TO:-
1.The Inspector General of Registration,
Tamil Nadu Government Registration Department,
No.100, Santhome High Road,
Chennai-600 028.
2.The Deputy Director,
Directorate of Enforcement,
Government of India, Ministry of Finance,
Department of Revenue,
2nd and 3rd Floor, C Block,
Murugesan Naicker Complex,
No.84, Greams Road, Thousand Lights,
Chennai-600 006.
3.The Sub Registrar,
Sub Registrar Office,
90, Kamarajar Bazaar,
Near Bus Stop, Bodinayakkanur-625530.
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN, J.
Yuva
07.01.2025
(½)
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