LAWS(MAD)-2024-7-41

REVATHY VIJAYAGOPALAN Vs. DEPUTY DIRECTOR/AUTHORISED OFFICER

Decided On July 12, 2024
Revathy Vijayagopalan Appellant
V/S
Deputy Director/Authorised Officer Respondents

JUDGEMENT

(1.) This Writ Petition has been filed seeking quashment of the impugned Provisional Attachment Order No.07/2019 dtd. 29/5/2019 passed by the respondent, which was subsequently confirmed by the Adjudicating Authority vide O.C.No.1155/2019 in File No.ECIR/CEZO/03/PMLA/2016, dtd. 26/11/2019, issued under Sec. 5(1) of the Prevention of Money Laundering Act, 2002, (hereinafter referred to as 'the Act') dtd. 5/11/2019, insofar as the scheduled property is concerned and further direct the respondent to handover the possession to the petitioner.

(2.) The property, being a house plot bearing No.E5, Akshaya Garden measuring about 1,200 sq.ft., comprised in old S.No.577/2A (part), new S.No.577/2A6, Nedungundram Village within the Sub Registration District of Tambaram and registration District of Kancheepuram (hereinafter referred to as 'the subject property'), was originally purchased by one C.Sasi, through an auction under a sale certificate registered as Document No.6688/2016 dtd. 18/10/2016, on the file of the Sub Registrar, Tambaram. Thereafter, the subject property was sold to one G.T.Subash, through a sale deed registered as Document No.4214/2017 dtd. 12/7/2017. Ultimately, on 28/11/2018, the subject property was purchased by Revathy Vijayagopalan/the petitioner herein, through a sale deed registered as Document No.7342/2018, dtd. 28/11/2018. The name of the petitioner was incorporated in all the revenue records, including Patta No.12018.

(3.) Heard Mr.A.Nagarajan, learned counsel for the petitioner and Mr.P.Sidharthan, learned Special Public Prosecutor, for the respondent.