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2025 DAILYLAW 225077 (MAD)

JOTHIESWARI v. Deputy Director,

WP Crl./1270/2025 · 2025-11-26

G Arul Murugan

Transfer Petitionbody2025

Judgment text

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W.P. Crl. No. 1270 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.11.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P. Crl. No. 1270 of 2025 and WP MP Crl. Nos.607, 608 and 609 of 2025 1.Jothieswari W/o.Late Shri Siva Kumar @ J.K.Rithish, No.24/9, Sethupathy Nagar, Ritish Apartments, Ramanathapuram - 623504. 2.Aarick Roshan (Through his mother Smt.Jothieswari), No.24/9, Sethupathy Nagar, Ritish Apartments, Ramanathapuram - 623 504. 3.Jairick Roshan (Through his mother Smt.Jothieswari), No.24/9, Sethupathy Nagar, Ritish Apartments, Ramanathapuram - 623504. 4. Dhaanavi (Through her mother Smt.Jothieswari) No.24/9, Sethupathy Nagar, Ritish Apartments, Ramanathapuram - 623 504. Petitioners ______________ https://www.mhc.tn.gov.in/judis W.P. Crl. No. 1270 of 2025 Vs The Deputy Director, Director of Enforcement, Government of India, Ministry of Finance, Department of Revenue, Chennai Zonal Office, No.2, 5th and 6th Floor, BSNL Administrative Building, Kushkumar Road, Nungambakkam, Chennai - 600034. Respondent PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring the ex-parte Impugned Order of the learned Adjudicating Authority under the Prevention of Money Laundering Act, 2002 passed in O.C.No.80 of 2025 as arbitrary, illegal, and non-est in law. For Petitioners: Mr.K.P.Anantha Krishna and Mr.Prabhas Kumar Jain for M/s.Vivrti Law For Respondent: Mr.N.Ramesh Special Public Prosecutor for ED Cases ______________ https://www.mhc.tn.gov.in/judis W.P. Crl. No. 1270 of 2025 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties. 2. The order of the adjudicating authority has been assailed on the ground of violation of principles of natural justice. 3. After issuance of notice, in response, the respondent has filed reply placing on record various documents to prove service of notice on the petitioners, which includes service on the mail address given in the petitioners own statement. 4. Learned counsel for the petitioners, however, raises a factual dispute with regard to the actual service of notice. 5. In view of the disputed facts involved, we are not inclined to entertain this writ petition. 6. The petition is dismissed with liberty to approach the Tribunal. There shall be no order as to costs. Consequently, WP MP Crl. Nos.607 ______________ https://www.mhc.tn.gov.in/judis W.P. Crl. No. 1270 of 2025 and 608 of 2025 are closed. WP MP Crl. No.609 of 2025 filed to permit the petitioners to institute a single writ petition stands allowed, inasmuch the petitioners have paid separate court-fee. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 26.11.2025 Index : Yes/No Neutral Citation : Yes/No bbr To: The Deputy Director, Director of Enforcement, Government of India, Ministry of Finance, Department of Revenue, Chennai Zonal Office, No.2, 5th and 6th Floor, BSNL Administrative Building, Kushkumar Road, Nungambakkam, Chennai - 600034. ______________ https://www.mhc.tn.gov.in/judis W.P. Crl. No. 1270 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. bbr W.P. Crl. No. 1270 of 2025 26.11.2025 ______________ https://www.mhc.tn.gov.in/judis