Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 18TH DAY OF OCTOBER 2023 / 26TH ASWINA, 1945 WP(C) NO. 34291 OF 2023 PETITIONER(S): ASHOKAN.P.A AGED 60 YEARS, S/O ANGAMUTHU,5/33A, TEACHERS COLONY,BHARADIPURAM,PALLAPALAYAM POST, PALLAPALAYAM, COIMBATORE, TAMILNADU, PIN - 641103 BY ADVS. G.KIRAN AMAR S.R. RESPONDENT(S): 1 UNION OF INDIA REPRESENTED BY SECRETARY,DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, PIN - 110001 2 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AND VIGILANCE, SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001 3 DIRECTOR ENFORCEMENT DIRECTORATE HEADQUARTERS, OFFICE DIRECTORATE OF ENFORCEMENT, PRAVARTAN BHAWAN, APJ ABDUL KALAM ROAD,NEW DELHI, PIN - 110011 4 DEPUTY DIRECTOR SHASTRI BHAVAN, 3RD FLOOR, B WING, 3RD BLOCK,HADDOWS ROAD,SUBBA ROAD, NUNGAMBAKKAM, CHENNAI, PIN - 600034 5 COMPETETNT AUTHORITY BANNING OF UNREGULATED DEPOSIT BANNING SCHEME, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 6 A.R.DENOOP MANAGING PARTNER, P.K RAMACHANDRAN ENGG CONTRACTORS,DEEPA MANDIR, DERSANA LANE, KARUVELIPADY P.O,ERNAKULAM,KERALA, PIN - 682005 7 DR.VARUN.B.R P STATE INFRA DEVELOPERS ,TC 7/3331, SOWPARNIKA BUILDING, ELAMKULAM JUNCTION,MEDICAL COLLEGE P.O,TRIVANDRUM, KERALA, PIN - 695011 8 MR.ANOOP.V.HORMESE A & L CONTRACTORS (V T HORMESE AND SONS)VATTATHARA, THONNAKKAL P.O, TRIVANDRUM-, KERALA, PIN - 695317 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.10.2023, ALONG WITH WP(C).34304/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 18TH DAY OF OCTOBER 2023 / 26TH ASWINA, 1945 WP(C) NO. 34304 OF 2023 PETITIONER(S): RAJASHEKAR AGED 38 YEARS, S/O ARUMUGHAN RESIDING @3/492,PRIYANKA NAGAR, PERUMANALLOOR, TIRUPUR, PIN - 641666 BY ADV R.KISHORE (KALLUMTHAZHAM) RESPONDENT(S): 1 UNION OF INDIA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, PIN - 110001 2 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AND VIGILANCE, SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001 3 DIRECTOR ENFORCEMENT DIRECTORATE, HEADQUARTERS OFFICE DIRECTORATE OF ENFORCEMENT PRAVARTAN BHAWAN, APJ ABDUL KALAM ROAD, NEW DELHI, PIN - 110011 4 DEPUTY DIRECTOR ENFORCEMENT DIRECTORATE, SHASTRI BHAVAN, 3RD FLOOR, B WING, 3RD BLOCK HADDOWS ROAD,SUBBA ROAD, NUNGAMBAKKAM, CHENNAI, PIN - 600034 5 COMPETENT AUTHORITY BANNING OF UNREGULATED DEPOSIT BANNING SCHEME,SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 6 A.R.DENOOP MANAGING PARTNER P.K RAMACHANDRAN ENGG CONTRACTORS,DEEPA MANDIR, DERSANA LANE, KARUVELIPADY P.O,ERNAKULAM, KERALA, PIN - 682005 7 DR.VARUN.B.R P STATE INFRA DEVELOPERS , TC 7/3331, SOWPARNIKA BUILDING, ELAMKULAM JUNCTION,MEDICAL COLLEGE P.O, TRIVANDRUM, KERALA, PIN - 695011
8 MR.ANOOP.V. HORMESE A & L CONTRACTORS (V T HORMESE AND SONS)VATTATHARA, THONNAKKAL P.O, TRIVANDRUM KERALA, PIN - 695317 BY ADVS. SRI. JAISHANKAR V. NAIR, SC SRI. RENJITH T.R, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.10.2023, ALONG WITH WP(C).34291/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------- ------------------------------------------------ Dated this the 18th day of October, 2023
JUDGMENT
These two writ petitions are connected and therefore, I am disposing of these two writ petitions by a common judgment. The prayers in these writ petitions are extracted hereunder; Prayers in WP(C) No.34291 of 2023
"a. Issue a writ of Certiorari or any appropriate writ or order calling up the records pertaining to Exhibit:P10 and quash the same. b. Issue a writ of Certiorari or any appropriate writ or order calling up the records pertaining to Exhibit:P11 and quash the same. c. Issue a writ of mandamus or other appropriate order or direction to the respondents 1 to 2 declaring that the proceedings in Exhibit:P10 and Exhibit:P11 are illegal and unjust.
d. Issue a writ of Mandamus or other appropriate
order or direction staying the proceedings in
Exhibit:P10 and Exhibit:P11 in the interest of Justice. e. Issue a writ of Mandamus or other appropriate order or direction to the 1st and 5th respondent to consider and pass order on Exhibit:P12 representation in the interest of Justice. f. Grant such other reliefs as may be prayed for and the Court may deem fit to grant, and g. Grant the cost of this writ petition.(SIC)
Prayers in WP(C) No.34304 of 2023
"a. Issue a writ of Certiorari or any appropriate writ or order calling up the records pertaining to Exhibit:P10 and quash the same. b. Issue a writ of Certiorari or any appropriate writ or order calling up the records pertaining to Exhibit:P11 and quash the same. c. Issue a writ of mandamus or other appropriate order or direction to the respondents 1 to 2 declaring that the proceedings in Exhibit:P10 and Exhibit:P11 are illegal and unjust. d. Issue a writ of Mandamus or other appropriate order or direction staying the
proceedings in Exhibit:P10 and ExhibitP11 in the interest of Justice. e. Issue a writ of Mandamus or other appropriate order or direction to the 1 st and 5th respondent to consider and pass orders on Exhibit:P12 representation submitted by the petitioner in the interest of Justice; f. Grant such other reliefs as may be prayed for and the Court may deem fit to grant, and g. Grant the cost of this Writ Petition.” SIC
2. The impugned orders are passed by the
competent authority under the Buds Act and the Enforcement Directorate. Admittedly, these are only provisional orders. I do not want to interfere with these orders at this stage. All the contentions raised by the petitioners in these writ petitions are left open. Petitioners are free to agitate the same before the appropriate authority in accordance with law. Granting liberty to the petitioners to agitate the same before the appropriate authority, these writ petitions are closed. Sd/- P.V.KUNHIKRISHNAN nvj JUDGE APPENDIX OF WP(C) 34304/2023 PETITIONER EXHIBITS EXHIBIT :P1 THE TRUE COPY OF THE STATEMENT OF ACCOUNTS OF THE PETITIONER AND THE CONTRACTORS EXHIBIT :P2 THE TRUE COPY OF THE AGREEMENT WITH THE IHFL, 7TH RESPONDENT AND THE DEVELOPER EXHIBIT :P3 THE TRUE COPY OF THE CCTV FOOTAGE WHERE IN THE CONTRACTORS ATTACKING THE IHFL OFFICE EXHIBIT :P4 THE TRUE COPY OF THE FIR REGISTERED
BY THE VELAMPALAYAM POLICE STATION IN THIRUPPUR DISTRICT OF TAMILNADU NUMBERED AS 618/2022 DATED 16.09.2022 ALONG WITH TRANSLATION EXHIBIT :P5 THE TRUE COPY OF THE PHOTOGRAPHS OF THE FINISHED HOUSES OF THE IHFL EXHIBIT :P6 THE TRUE COPY OF THE ORDER IN CRL.M.C.NUMBERED AS 2539 OF 2022 DATED 10TH NOVEMBER 2022 OF THE DISTRICT AND SESSIONS JUDGE ERNAKULAM
EXHIBIT :P7 THE TRUE COPY OF THE PLAINT IN OS BEFORE THE MUNSIFF COURT KOCHI EXHIBIT :P8 THE TRUE COPY OF THE WRITTEN STATEMENT JOINTLY FILED BY THE RESPONDENTS 1,9,10,14,23,25,26,32,33,35 AND 37 IN OS 27/2023 EXHIBIT :P9 THE TRUE COPY OF THE MOU DATED 04.12.2021 BY THE PETITIONER, CONTRACTOR AND THE DEVELOPER EXHIBIT :P10 THE TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT DATED 21.07.2023 NUMBERED AS SC3/122/2023/ HOME EXHIBIT :P11 THE TRUE COPY OF THE PROCEEDINGS INITIATED BY THE 4TH RESPONDENT DATED 30.08.2023 NUMBERED AS ECIR/CEZO-II/01/2023 EXHIBIT :P12 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST AND 5TH RESPONDENT DATED 06.10.2023 EXHIBIT :P13 THE TRUE COPY OF THE SETTLEMENT AGREEMENT EXECUTED BY THE PETITIONER, HIS COLLEAGUE AND THE CONTRACTORS DATED 02.09.2023 APPENDIX OF WP(C) 34291/2023 PETITIONER EXHIBITS EXHIBIT :P1 THE TRUE COPY OF THE STATEMENT PRODUCED BY THE PETITIONER BEFORE THE ENFORCEMENT DIRECTORATE EXHIBIT :P2 THE TRUE COPY OF THE PHOTOGRAPHS OF THE COMPLETED PROJECTS OF THEIHFL COMPANY WHEREIN THE PETITIONER IS THE DEVELOPER EXHIBIT :P3 THE TRUE COPY OF THE AGREEMENT WITH THE IHFL , 7TH RESPONDENT AND THE PETITIONER EXHIBIT :P4 THE TRUE COPY OF THE CCTV FOOTAGE WHERE IN THE CONTRACTORS ATTACKING THE IHFL OFFICE EXHIBIT :P5 THE PETITIONER WAS ALSO THREATENED AND FORCED TO SIGN MANY CHEQUES BY THE CONTRACTORS AND THE COPY OF THE SAME EXHIBIT :P6 THE TRUE COPY OF THE MOU DATED 4TH DECEMBER 2021 EXHIBIT :P7 THE TRUE COPY OF THE CRL.M.C. NUMBERED AS 2539 OF 2022 DATED 10TH NOVEMBER EXHIBIT :P8 THE TRUE COPY OF THE PLAINT IN OS BEFORE THE MUNSIFF COURT KOCHI EXHIBIT :P9 THE TRUE COPY OF THE WRITTEN STATEMENT JOINTLY FILED BY THE RESPONDENTS 1,9,10,14,23,25,26,32,33,35 AND 37 EXHIBIT 10 THE TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT DATED 21.07.2023 NUMBERED AS SC3/122/2023/ HOME EXHIBIT :P11 THE TRUE COPY OF THE PROCEEDINGS INITIATED BY THE RESPONDENTS 3 AND 4 DATED 30.08.2023 NUMBERED AS ECIR/CEZO-II/01/2023 EXHIBIT :P12 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST AND 6TH RESPONDENT DATED 06.10.2023 RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE