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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN
Mohankumar K S/o. Kuttan Pillai – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. the court's jurisdiction under article 226 and the provisional attachment order under the pml act. (Para 1 , 2) |
| 2. court's analysis of the maintainability of writ petitions when alternative remedies exist. (Para 3 , 4 , 6 , 7 , 8 , 9 , 11 , 12 , 13 , 18) |
| 3. arguments regarding the maintainability of the writ petition and the legality of the attachment order. (Para 5 , 10 , 14) |
| 4. clarification on the discretion of the court to entertain writ petitions despite alternative remedies. (Para 15 , 16 , 17) |
JUDGMENT :
The short point to be decided in this Writ Petition is whether this Court should exercise the extraordinary jurisdiction under Article 226 of the Constitution of India against the decision of the adjudicating authority under the Prevention of Money-Laundering Act, 2002 (for short 'PML Act'), evenif there is an arguable case, when there is an efficacious alternative remedy available to the aggrieved person.
3. Heard the learned counsel appearing for the petitioners and Advocate Cristy Therasa Suresh representing the learned Standing Counsel appearing for respondents 2 and 3.
5. Counsel appearing for the petitioners, Adv. Babu S. Nair argued the matter in detail. T
The High Court must refrain from exercising jurisdiction under Article 226 when an alternative remedy is available, unless extraordinary circumstances exist.
Properties acquired before the commission of an alleged offence cannot be attached under the Prevention of Money Laundering Act, and due process must be followed in such proceedings.
Writ petitions are not entertained when alternative statutory remedies are available under the relevant legislation, emphasizing adherence to legal protocols for addressing grievances.
High Court cannot entertain challenges to settled constitutional provisions of the Prevention of Money Laundering Act as upheld by the Supreme Court, ensuring judicial discipline and adherence to pre....
The court emphasized the jurisdiction based on the location of the Appellate Authority, the wide power of the Appellate Tribunal, the limited scope of seeking constitution of a two-member Bench under....
The court ruled that a writ petition under Article 226 cannot be entertained if an effective alternative remedy exists, emphasizing the need to exhaust statutory remedies before approaching the High ....
Provisional attachment order - Act itself does not provide any opportunity of hearing to concerned party prior to passing of order of provisions attached under Section 5 of Act. Rightly so as after o....
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