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.

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 issued to the District collector, Karur dated 17.11.2023 and quash the same as without jurisdiction illegal arbitrary and unconstitutional.

Prayer in W.P.No.33462 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/CEZO2/2023/747 in F. No ECIR/CEZOII/22/2023 issued to the District collector, Thanjavur dated 17.11.2023 and quash the same as without jurisdiction illegal arbitrary and unconstitutional.

Prayer in W.P.No.33467 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/CEZO2/2023/745 in F. No ECIR/CEZOII/22/2023 issued to the District collector, Ariyalur dated 17.11.2023 and quash the same as without jurisdiction illegal arbitrary and unconstitutional.

The batch of Writ Petitions have been instituted challenging the summons issued by the Competent Authority of the Directorate of Enforcement to the petitioners.

2. An interim stay was granted by this Court. Enforcement Directorate preferred an appeal before the Hon'ble Supreme Court of India. The Apex Court passed an order on 27.08.2024, recording that, vide order dated 02.04.2024, the Apex Court directed the Writ petitioners to personally remain present and appear before the Enforcement Directorate on 25.04.2024. Accordingly, the concerned District Collectors appeared before the competent authority of the Enforcement Directorate and submitted some of the documents. The Apex Court recorded that some of the requisite documents were not produced by them. The matter was adjourned before the Hon'ble Supreme Court of India, to find out the status regarding the production of document by the concerned District Collectors.

3. When the matter was heard by the Apex Court on 06.08.2024, Mr.Kabil Sibal, the learned Senior Counsel appeared on behalf of the Writ Petitioners before the Hon'ble Supreme Court of India, made a submission that the Writ Petitioners shall furnish all the documents available with them, as well as the documents, which all are available on the website, but are not being downloaded. Recording the same, the SLPs were disposed of.

4. The Writ Petitions are listed before this Court on 28.11.2024 and thereafter, it is posted on 29.11.2024 and again directed to be listed today (i.e., 06.12.2024).

5. Mr.P.S.Raman, learned Advocate General appearing on behalf of the Writ Petitioners would state that the concerned District Collectors had already appeared before the Enforcement Directorate and extended their cooperation for conducting investigation. They will continue to cooperate