9911796707
TMI Blog2024 (3) TMI 355X X X X Extracts X X X X X X X X Extracts X X X X ..... ai South Taluk, Madurai District measuring 0.92.5 Hectares equivalent to 2 Acres 28 Cents belongs to her and the seventh respondent, M/s.Oakdale Properties Private Limited, has nothing to do with the property, whereas under the predicate offence registered against the seventh respondent and the consequential registration of proceedings under PMLA Act, the properties of the seventh respondent were attached under the PMLA Act. It is the specific case of the petitioner that the department instead of proceeding with Resurvey No.47/6A2, which stands in the name of the seventh respondent, has wrongly included Resurvey No.47/6B2 owned by the writ petitioner. 2. The learned counsel for the petitioner relied upon the sale deed of M/s.Oakdale Proper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a batch of Criminal Original Petitions filed under Section 482 of Criminal Procedure Code and subsequently that order also was confirmed by the Hon'ble Supreme Court, when the department has filed Special Leave Petition. Subsequently, the Division Bench of this Court in Crl.O.P.No.2279 of 2019 dated 12.09.2022, while quashing C.C.No.7 of 2018 has observed that the proceedings initiated by the Enforcement Directorate under PMLA Act is quashed in its entirity, in other words, the attachment proceedings had also been quashed and this has been reconfirmed and reiterated by the appellate tribunal vide its order dated 22.05.2023. 5. A short point involved in this writ petition is that M/s.Oakdale Properties Private Limited and its Directorat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vey number in the impugned provisional attachment order. 7. As stated by the learned counsel for the respondents 1 to 3 since the entire proceedings initiated against the seventh respondent has been quashed, both predicate offence as well as the offence under PMLA Act, this Court is of the view that the relief as prayed for in the writ petition has become infructuous and the error of including the property of the petitioner in the attachment proceedings herein has to be rectified. However, it is necessary that the entry, if any made by the Sub Registrar, who is the sixth respondent in this writ petition regarding attachment of property bearing Resurvey No.47/6B2, has to be deleted. 8. Accordingly, the sub registrar/sixth respondent is dir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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