Dismissed

Salma Beevi, v. the District Collector, Thiruvananthapuram

Kerala HC10 Nov 2022WP(C)/17049/2022

Case brief

AI extract

What is this about?

The petitioner, a landlord, challenged the continued attachment and locking of her building leased to a company under investigation. The court directed the petitioner to submit a representation to the competent authority to initiate proceedings under the BUDS Act for return of premises within six months.

What did the court decide?

Petitioner directed to submit representation; Competent Authority to move BUDS Court for return of premises within six months.

Salma Beevi, Vs the District Collector… — Writ and Judicial Review | 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 V.G.ARUN

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THURSDAY, THE 10^TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944

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WP(C) NO. 17049 OF 2022

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PETITIONER:

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SALMA BEEVI, AGED 57 YEARS, W/O.ABDUL NAZAR, RESIDING AT CHIRATHALAVILAKOM, NEAR STATE BANK OF INDIA, RAILWAY STATION ROAD, BALARAMAPURAM-695 501.

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BY ADV M.R.ANANDAKUTTAN

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695 005.

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2 THE TAHSILDAR, MINI CIVIL STATION, NEYYATTINAKRA, THIRUVANANTHAPURAM-695 121.

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3 M/S. MARY RANI POPULAR NIDHI LTD., HAVING ITS REGISTERED OFFICE AT XIII/526 E, POPULAR TOWER ANNEXE, VAKAYAR P.O., PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, DR.RINU MARIUM THOMAS, D/O.THOMAS DANIEL, INDIKKATTIL HOUSE, PATHANAMTHITTA-689 698.

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4 THE STATION HOUSE OFFICER, VIZHINJAM POLICE STATION, VIZHINJAM, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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5 CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY THE INVESTIGATING OFFICER, KADAVANTHARA, ERNAKULAM-682 020.

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WP(C) NO. 17049 of 2022

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BY ADVS. ADVOCATE GENERAL OFFICE KERALA MANU S., DSG OF INDIA K.R.RANJITH, GOVERNMENT PLEADER WITH STATE ATTORNEY()

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17049 of 2022

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JUDGMENT

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Dated this the 10 th day of November, 2022

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The petitioner had leased out her building to M/s.Mary Rani Popular Nidhi Ltd., a sister concern of M/s.Popular Finance. On the basis of complaints that M/s Popular Finance and its sister concerns had defrauded depositors and investors, the police registered crimes against those entities and t heir directors/partners. As part of investigation the registers and computers of M/s. Popular Finance and its sister concerns were attached and the buildings in which their offices were func tioning, including the petitioner's building, brought under lock and key. The grievance raised in these writ petitions is that, the leased out premises are not returned to the petitioners' possession, in spite of the investigation being complete.

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I heard the learned Counsel for the petitioners and the learned Government Pleader.

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Learned counsel for the petitioners referred to Ext.P3 judgment rendered under similar circumstances.

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Learned Government Pleader submitted that the

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Government has moved applications seeking extension of the time

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WP(C) NO. 17049 of 2022

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limit stipulated in Ext.P3 and similar judgments. Learned Government Pleader submits that the competent authority has initiated appropriate legal steps before the designated court and the petitioners can submit representations seeking return of their buildings/premises. Immediately there upon the competent authority or the District Collector, as the case may be, will pursue the matter, so as to ensure that the designated court passes an order within 180 days as provided under Section 15 (6) of the BUDS Act.

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The writ petition is hence disposed of, directing the petitioner to submit a representation before the Competent Authority, through the District Collector. On such representation being filed, the Competent Authority or the District Collector, as the case may be, shall move appropriate applications before the designated BUDS Court as provided under Section 14 of the Buds Act. The applications shall be prosecuted earnestly, so that possession of the premises can be given to the petitioners within an outer limit of six months.

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The writ petition is disposed of accordingly.

Sd/-

V.G.ARUN JUDGE

APA

WP(C) NO. 17049 of 2022

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APPENDIX OF WP(C) 17049/2022

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PETITIONER'S EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE	RENT DEED EXECUTED
	BETWEEN THE PETIT	IONER AND THE 3RD
	RESPONDENT DATED 16.	03.2020.

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EXHIBIT P2	TRUE	COPY	OF THE	REP	RESENT	ATION	DATED
	11.05	.2022	ADDRESS	ED	TO	THE	1ST
	RESPO	NDENT.

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EXHIBIT P3	TRUE COPY OF THE JUDGMENT DATED 24.03.2022
	OF THIS HONOURABLE COURT IN WPC NO.8224 OF
	2022.

Salma Beevi, v. the District Collector, Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

Salma Beevi, v. the District Collector, Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

What the court decided

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