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2022 Supreme(Mad) 2181

P. N. PRAKASH, A. A. NAKKIRAN
R. K. M. Powergen Private Ltd. represented by its Director T. M. Singaravel, Chennai – Appellant
Versus
Assistant Director/Officer on Special Duty Directorate of Enforcement, Chennai – Respondent


Advocates appeared:
For the Petitioner:B. Kumar, Sr. Counsel, S. Ramachandran, Advocate. For the Respondents: R. Sankaranarayanan, Additional Solicitor General assisted by N. Ramesh, Special Public Prosecutor.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents from investigating under the Prevention of Money Laundering Act in Ref.No.ECIR/01/CEZO-11/PMLA/2015 against the petitioner company, as there is no proceeds of crime arising out of coal block allotted in the State of Chhattisgarh on 23.01.2008 which was cancelled on 29.07.2014, from which no coal was excavated, as it would be without jurisdiction.)

P.N. Prakash, J.

1. This is a petition under Article 226 of the Constitution of India seeking a mandamus forbearing the respondents from investigating Ref.No.ECIR/CEZO- 1/PMLA/2015 under the Prevention of Money-Laundering Act, 2002 (for brevity “the PML Act”) on the premise that the investigation is without jurisdiction.

2 The undisputed facts are as under:

i. Five women entrepreneurs incorporated a company which went by the name of “R.K. Powergen Pvt. Ltd., Chennai” (for brevity “RK Company”) and established a bio-mass power generation plant in Hiriyur, Karnataka sometime in 1991. The plant is stated to be functional as on date. On 15.12.2004, RK Company and Mudajaya Corporation, a Malaysian company (f

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