J.Phanindra Kumar @ Kiran v. The Director

ORDER (Order of the Court was made by G.Arul Murugan, J.) This writ petition has been filed seeking a Writ of Mandamus directing respondents 1 to 3 to consider the petitioner's representation dated 02.07.2026 and pass orders.

¶2It is seen from the affidavit filed in support of the writ petition that the petitioner has submitted a representation to the first respondent seeking appropriate action against the fourth respondent alleging that the fourth respondent had taken action in a biased, arbitrary, illegal and mala fide manner.

¶3The cause of action for filing the present writ petition has been stated in paragraph 23 of the affidavit, which reads as under: "23. I respectfully submit that I had earlier approached this Hon'ble Court by filing W.P.(Crl.) No. 1495 of 2026 seeking issuance of a Writ of Certiorarified Mandamus to quash the Provisional Attachment Order No.25/2026 dated 30.03.2026 and consequently direct the respondents to initiate appropriate departmental action against the 4th respondent based on my representation dated 22.04.2026. The Hon'ble Division Bench, by order dated 02.07.2026, held that the challenge to the Provisional Attachment Order cannot be entertained in view of the statutory remedy available under the Prevention of Money Laundering Act, 2002 and granted liberty to the petitioner to pursue the appropriate remedy before the competent authority. The Hon'ble Court also left it open to the petitioner to pursue his independent grievance relating to the conduct of the investigation by submitting an appropriate representation and, if necessary, by filing a separate Writ of Mandamus".

¶4The petitioner has stated in the affidavit that this Court has left it open to the petitioner to pursue his independent grievance relating to the conduct of the investigation by submitting an appropriate representation and if necessary, by filing a separate Writ of Mandamus.

¶5Earlier, the petitioner has filed a writ petition in WP Crl.No.1495 of 2026 challenging the provisional attachment order dated 30.03.2026 and to direct respondents 1 to 3 to consider the petitioner's representation dated 22.04.2026.

¶6This Court was not inclined to entertain the writ petition and left it open to the petitioner to agitate all issues before the Adjudicating Authority. This Court dismissed the writ petition vide order dated 02.07.2026, observing thus: "This writ petition has been filed challenging the provisional attachment order dated 30.03.2026 and to direct respondents 1 to 3 to consider the petitioner's representation dated 22.04.2026.

¶2Admittedly, the Adjudicating Authority has already issued a notice and the same has been received by the petitioner. It is for the petitioner to submit his objections, including all those grounds which have been taken by him in this writ petition.

¶3With the aforesaid liberty, the writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed."

¶7From the above order, it is clear that the writ petition was dismissed only on the ground that the petitioner has to raise all the issues before the competent authority, since the petitioner has already received notice. Liberty was given to the petitioner to submit his objections, including those grounds which have been taken by him in the above writ petition viz. WP Crl. No.1495 of 2026.

¶8When this Court has dismissed the writ petition allowing the petitioner to adjudicate all issues before the adjudicating authority, by making false claim that this Court has granted liberty to the petitioner to pursue his independent grievance relating to the conduct of the investigation by submitting appropriate representation and if necessary, by filing a separate writ petition, the present writ petition has been filed. The averments made in the writ petition, on the face of it, are false and misleading. In such circumstances, we are left with no other option than to dismiss the writ petition, by putting the petitioner on terms.

¶9In view of the above, the writ petition is dismissed by imposing a cost of Rs.25,000/- (Rupees Twenty Five Thousand only), payable by the petitioner to the Tamil Nadu State Legal Services Authority, Gate No.6, North Fort Road, High Court Campus, Chennai – 600 104, within a period of four weeks from today. On payment of cost, the petitioner shall file necessary memo. In case of failure to pay the cost, Registry may take appropriate action to recover the cost. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.)

14.08.2026 Index : Yes/No : Yes/No tar To

¶1The Director Directorate of Enforcement Government of India, 6th Floor, Lok Nayak Bhawan Khan Market, New Delhi - 110003.

¶2The Special Director (Southern Region) Directorate of Enforcement, Shastri Bhawan, 3rd Floor, 3rd Block, B Wing, No.26, Haddows Road, Nungambakkam, Chennai - 600006.

¶3The Joint Director (Zonal Head) Directorate of Enforcement, Chennai Zonal Office - I, 5th and 6th Floor, BSNL Administrative Building No.2, Kushkumar Road Nungambakkam, Chennai - 600034.

¶4The Deputy Director, Directorate of Enforcement, Chennai Zonal Office-I, 5th and 6th Floor, BSNL Administrative Building, No.2, Kushkumar Road, Nungambakkam, Chennai - 600034. THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN

, J.

(tar)

14.08.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.08.2026 CORAM THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN J.Phanindra Kumar @ Kiran Proprietor, M/s.Cosmos Entertainments, Flat No.3, Eshwari Chinnidale, New No.5, Vidyodaya Main Road, T.Nagar, Chennai - 600017. : Petitioner Versus 1. The Director Directorate of Enforcement Government of India, 6th Floor, Lok Nayak Bhawan Khan Market, New Delhi - 110003. 2. The Special Director (Southern Region) Directorate of Enforcement, Shastri Bhawan, 3rd Floor, 3rd Block, B Wing, No.26, Haddows Road, Nungambakkam, Chennai - 600006. 3. The Joint Director (Zonal Head) Directorate of Enforcement, Chennai Zonal Office - I, 5th and 6th Floor, BSNL Administrative Building No.2, Kushkumar Road Nungambakkam, Chennai - 600034. 4. The Deputy Director, Directorate of Enforcement, Chennai Zonal Office-I, 5th and 6th Floor, BSNL Administrative Building, No.2, Kushkumar Road, Nungambakkam, Chennai - 600034. : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 3 to consider the Petitioner's representation dated 02.07.2026. For Petitioner : L.Infant Dinesh