Disposed

Suresh Kumar G.S v. State of Kerala

Kerala HC10 Feb 2022WP(C)/1110/2022

Case brief

AI extract

What is this about?

Petitioner sought compensation for loss of rent due to police holding his deceased tenant's assets under lock and key. The Court held the matter requires factual inquiry by Revenue Officer and international coordination regarding the British citizen's estate, thus disposed of the writ permitting the petitioner to pursue the representation filed. Case quality is thin as it is a short procedural ord

What the court decided

AI extract

Suresh Kumar G.S Vs State of Kerala — Property and Title | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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THURSDAY, THE 10^TH DAY OF FEBRUARY 2022 / 21ST MAGHA, 1943

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WP(C) NO. 1110 OF 2022

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PETITIONER:

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SURESH KUMAR G.S., AGED 55 YEARS, PULARI, THOZHICHAL, VRP 152, HARBOUR ROAD, VIZHINJAM, THIRUVANANTHAPURAM-695521.

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BY ADVS. V.R.GOPU G.RAJAN POTAYIL URMILA.M.G

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM DISTRICT, ASSIGN AS SUB DIVISIONAL MAGISTRATE COURT, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695043.

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3 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI-110001. 4 STATION HOUSE OFFICER, KOVALAM POLICE STATION, KOVALAM, THIRUVANANTHAPURAM-695527.

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BY ADV SHRI.B.RAMACHANDRAN, CGC SRI.S.MANU, ASGI SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.1110/2022

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JUDGMENT

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Dated this the 10^th day of February, 2022

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The petitioner, who is the owner of house 'Pulari' in Harbour Road, Vizhinjam, Thiruvananthapuram, has filed this writ petition with a prayer to declare that he has a right to get compensation for keeping Ext.P6 articles in his building premise under lock and key of the 4^th respondent and petitioner has a lien over Ext.P6 articles and to realise the same towards the loss of income on account of house rent and compensation from respondents 1 and 3.

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The petitioner states that his house was rented to one British National, namely Vivienne Brown, for a period of one year ₹13,000/- was fixed as rent. The said Vivienne

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WP(C)No.1110/2022

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Brown passed away in India on 11.11.2013. The deceased was cremated at 'Santhi Kavadam', owned by Thiruvananthapuram Corporation.

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The petitioner states that an inventory of articles belonging to the deceased was prepared by the 4^th respondent as T.S.No.192/2014 pursuant to Crime No.1111 of 2013 registered by the Kovalam Police under Section 174 of Cr.P.C. Ext.P6 articles were also taken into safe custody by

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the Police and kept in the house of the petitioner under lock and key of the 4^th respondent.

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The 4^th respondent submitted a factual report before the Kerala State Police Complaints Authority in O.P. No.30/2014 filed by the petitioner. The said O.P. No.30/2014 was closed, directing the petitioner to resort to appropriate civil remedy. The petitioner states that he has sustained huge loss towards monthly rent at the rate of ₹13,000/- per month for keeping Ext.P6 articles under lock

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WP(C)No.1110/2022

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and key of the 4^th respondent. The petitioner is therefore eligible and entitled to get due compensation.

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The learned Government Pleader contested the writ petition. The learned Government Pleader pointed out that the matter is now pending consideration before the 2^nd respondent-Revenue Divisional Officer. The deceased being a British citizen, necessary information will have to be called for from the British High Commission. Only after getting authentic information as regards the legal representatives of the assets of the deceased, any action in this regard can be taken.

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I have heard the learned counsel for the petitioner, the learned Government Pleader for respondents 1, 2 and 4 and the learned Central Government Counsel appearing for the 3^rd respondent.

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The deceased was a British National. It is an admitted position that she was occupying the house of the

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petitioner. The belongings of the deceased British citizen are now in a room of the house of the petitioner under lock and key of the 4^th respondent. The petitioner may be entitled to get compensation towards rent of the building where assets of the deceased are secured. However, any compensation due to the petitioner should emanate from the assets of the deceased and from the legal heirs representing the deceased.

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The issue is now pending consideration before the 2^nd respondent. The petitioner has submitted Ext.P9 representation before the 2^nd respondent seeking compensation. As a decision on Ext.P9 is likely to take substantial time due to the fact that information has to come from British High Commissioner's office and from the United Kingdom, it may not be appropriate for this Court to give a time bound direction to the 2^nd respondent to take a decision in this regard.

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In the circumstances, the writ petition is disposed

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of permitting the petitioner to pursue Ext.P9 representation

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before the 2^nd respondent. The petitioner will also be at liberty to make his claim before any other Court.

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Sd/- N. NAGARESH JUDGE

APPENDIX OF WP(C) 1110/2022

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PETITIONER'S EXHIBITS:

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Exhibit P1 TRUE COPY OF THE OCCUPANCY OF THE HOUSE IN C-FORM DATED 19.1.2013. Exhibit P2 TRUE COPY OF UK PASSPORT NO.650769547 TOGETHER VISA BEARING NO.VI 3893124. Exhibit P3 TRUE COPY OF RESIDENT PERMIT (RP) NO.KL03/RCF/GBR/201/2013 ISSUED BY FOREIGNERS REGIONAL REGISTRATION OFFICER, BUREAU OF IMMIGRATION, GOVERNMENT OF INDIA, THIRUVANANTHAPURAM, KERALA FOR THE PERIOD 10.1.2013 TO 9.1.2014. Exhibit P4 TRUE COPY OF THE CERTIFICATE OF DEATH VVIENNE BROWN ISSUED BY KERALA INSTITUTE OF MEDICAL SCIENCES DATED 11.11.2013. Exhibit P5 TRUE COPY OF THE 'NO OBJECTION CERTIFICATE' NO.1/FRRO/BOI/2012(16)2143 DATED 14.11.2013. Exhibit P6 TRUE COPY OF THE INVENTORY TAKEN BY THE 4TH RESPONDENT AS T.NO.192/2014 IN PURSUANT TO CRIME NO.1111/2013 DATED 5.3.2014. Exhibit P7 TRUE COPY OF THE FACTUAL REPORT NO.49GL/KVLM/14 DATED 27.1.2014. Exhibit P8 TRUE COPY OF THE ORDER DATED 31.1.2014 IN O.P.NO.30/2014 FILED BY THE PETITIONER BEFORE THE KERALA STATE POLICE COMPLAINTS AUTHORITY, THIRUVANANTHAPURAM. Exhibit P9 TRUE COPY OF THE PETITION DATED 3.7.2014 SUBMITTED TO THE 2ND RESPONDENT.

Suresh Kumar G.S v. State of Kerala

Case brief

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Suresh Kumar G.S v. State of Kerala

Case brief

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