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2020 (12) TMI 1351 - HC - Money LaunderingMaintainability of writ petition - territorial Jurisdiction - Money Laundering - proceeds of crime - Validity and/or legality of the registration of Enforcement Case Information Report (ECIR) in proceedings in ECIR. No. KCZO/4/2014, dated 19.08.2014 - Validity of provisional attachment order - Whether the Writ Petitions are maintainable as against the PAO passed by the Deputy Director of the Enforcement Directorate, Cochin, when there is an alternative remedy before the statutory authority at Delhi? - Whether this Court has jurisdiction to entertain these Writ Petitions on the ground that the properties of the petitioners, which are subjected to attachment under the PAO, are situated within the State of Tamil Nadu? HELD THAT:- On a perusal of the reasons assigned in the impugned PAO, it is seen that reason was recorded to the effect that huge money was earned by the petitioners predominantly through the business of Sikkim Lotteries in the year 2009-2010 and 2010-2011, which they have claimed as legitimate income in the Income Tax Returns. It was further recorded in the impugned PAO that on a comparison of the money earned by the petitioners and the remittance made to the Sikkim Government towards sale of Lottery, it was a pittance received by the Government of Sikkim and thereby Government Revenue have been misappropriated. It is also recorded that such an earnings was by way of a conspiracy with the officials of the Sikkim Government to cheat the Government of Sikkim, which is a glaring violation of the provisions of the Lotteries (Regulation) Act. Admittedly, as against the PAO, there is an alternative remedy of appeal provided under Sections 8(1) and 8(2) of the PMLA Act, 2002, before the Adjudicating Authority (PMLA), New Delhi, but the petitioners have not availed of such a remedy before the Adjudicating Authority. Instead, the petitioners have approached this Court with these writ petitions - It is trite law that when an alternative and appellate remedy is inbuilt in the statute, resorting to invoke the inherent and discretionary jurisdiction conferred upon this Court under Article 226 of The Constitution of India, is not proper - thus, when alternative remedy is available, the present Writ Petitions are not maintainable. The hastiness with which the petitioners have filed the present writ petitions before this Court, is not proper, when there is an alternative remedy provided under Section 8 of PMLA. Thus, first of all, the Writ Petitions are not maintainable before this Court, when there is an efficacious alternative remedy available for the petitioners to approach the concerned authority under the PMLA; secondly, only a small fraction of cause of action had arisen before this Court and the larger and substantial part of cause of action had arisen only in the State of Kerala, where the FIRs have been registered and the trial is pending before the Special Court at Kerala. Therefore, this Court is not the appropriate Court to entertain the present Writ Petitions. Petition dismissed.
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