Back
S. M. SUBRAMANIAM, M. JOTHIRAMAN
State of Tamil Nadu – Appellant
Versus
Directorate of Enforcement – Respondent
ORDER :
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
Prayer in W.P.No.33459 of 2023: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records of the Respondent comprised in the Impugned Summon No. PMLA/ SUMMON/CEZO2/2023/743 in F. No ECIR/CEZOII/22/2023 issued to the District collector, Vellore dated 17.11.2023 and quash the same as without jurisdiction illegal arbitrary and unconstitutional.
Prayer in W.P.No.33460 of 2023: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records of the Respondent comprised in the Impugned Summon No. PMLA/ SUMMON/CEZO2/2023/746 in F. No ECIR/CEZOII/22/2023 issued to the District collector, Tiruchirapalli, dated 17.11.2023 and quash the same as without jurisdiction illegal arbitrary and unconstitutional.
Prayer in W.P.No.33461 of 2023: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records of the Respondent comprised in the Impugned Summon No. PMLA/SUMMON/CEZO2/2023/744 in F. No ECIR/CEZOII/22/2023
Writ Petitions challenging summons under Special enactments are not maintainable unless issued by an incompetent authority or tainted with malafides; cooperation in investigations is essential.
The court established that summons under the PMLA can only be challenged on limited grounds, emphasizing the importance of allowing the competent authority to adjudicate the merits of the case.
Settlement between parties renders writ petition infructuous and liable to dismissal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
