Disposed

Habeeb T.K.R v. Additional Chief Secretary

Kerala HC29 Nov 2022WP(C)/27208/2022

Case brief

AI extract

What is this about?

Petitioners seek return of leased building attached under investigation in fraud case involving lessee. Court directs petitioners to submit representation to competent authority to initiate release process under BUDS Act within six months.

What did the court decide?

Directing petitioner to submit representation to refer the matter to competent authority for release of premises to designated court under Section 14 of BUDS Act.

Habeeb T.K.R Vs Additional Chief Secretary — Kerala HC (2022) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY,THE 29^TH DAY OF NOVEMBER 2022/8TH AGRAHAYANA, 1944

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WP(C) NO. 27208 OF 2022

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AGAINST RCP 4/2021 OF MUNSIFF COURT, MAVELIKKARA

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PETITIONERS:

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1 HABEEB T.K.R., S/O.THAMPI KANNU RAWTHER, AGED 65 YEARS, RESIDING AT PARAYIL HOUSE,CHUNAKKARA SOUTH, CHARUMMOODU P.O., ALAPPUZHA, PIN – 690505

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2 SAJEEDA BEEGUM W/O HABEEB T.K.R., AGED 62 YEARS, RESIDING AT PARAYIL HOUSE, CHUNAKKARA SOUTH, CHARUMMOODU P.O., ALAPPUZHA – 690505.

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BY ADVS.
M.R.HARIRAJ
GISHA G. RAJ
VISWAJITH C.K
THANUJA ROSHAN
REJIVUE K.C.
VIDYA A.K
ALINA ANNA KOSE

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RESPONDENTS:

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1 COMPETENT AUTHORITY UNDER SECTION 7 OF BANNING OF UNREGULATED DEPOSIT SCHEME ACT, ADDITIONAL CHIEF SECRETARY, HOME (SC) DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM- 695001

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2 COMPETENT AUTHORITY UNDER KERALA PROTECTION OF INTEREST OF DEPOSITERS ACT, 2013 AND DISTRICT COLLECTOR, BESIDE ZILLA PACHAYATH OFFICE, CIVIL STATION WARD, ALAPPUZHA, KERALA, PIN - 688001

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WP(C) No.27208 OF 2022

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3 STATION HOUSE OFFICER, NOORANAND POLICE STATION, NOORANANAD, ALAPPUZHA- 690504, PIN – 690504

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4M/S POPULAR FINANCE A REGISTERED PARTNERSHIP
FIRM HAVING REGISTERED OFFICE AT POPULAR TOWER,
VAKAYAR P.O, KONNI- 689698., REPRESENTED BY ITS
MANAGING PARTNER MR. ROY THOMAS DANIEL.
BY ADVS.
C.S.MANU
DILU JOSEPH(D-125)
C.A.ANUPAMAN(A-503)
T.B.SIVAPRASAD(K/17/2007)
C.Y.VIJAY KUMAR(K/152/2014)
MANJU E.R.(K/000401/2016)
ANANDHU SATHEESH(K/613/2020)
ALINT JOSEPH(K/505/2020)
PAUL JOSE(K/000862/2020)

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BY SRI. RIYAL DEVASSY, GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No.27208 OF 2022

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V. G.ARUN, J.

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=========================== WP(C) No. 27208 of 2022 ============================ Dated this the 29^th day of November, 2022

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JUDGMENT

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The petitioner had leased out his building to M/s. Popular Finance. Based on complaints that M/s. Popular Finance had defrauded depositors and investors, the police registered crimes against those entities and t he directors/partners. As part of investigation, the registers and computers of M/s. Popular Finance were attached and the buildings in which their ofces were func fi tioning, including the petitioner's building, brought under lock and key. The grievance raised in this writ petition is that the leased out premises is not returned to the petitioner’s possession, even after completing the investigation.

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Heard, learned Counsel for the petitioner and learned Government Pleader.

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As per the provisions of the Banning of Unregulated Deposits and Schemes Act, 2019 (BUDS Act) the competent authority has to initiate legal steps before

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WP(C) No.27208 OF 2022

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the designated court to get the premises released. For this purpose, the petitioner can submit a representation before the competent authority.

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

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Sd/V. G. ARUN JUDGE

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WP(C) No.27208 OF 2022

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APPENDIX OF WP(C) 27208/2022

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF LEASE AGREEMENT DATED
31/07/2018.
Exhibit P2 A TRUE COPY OF THE NOTICE DATED
05/01/2021.
Exhibit P3A TRUE COPY OF THE FIR IN CRIME NO
1063/2020 OF NOORANADU POLICE STATION
DATED 30/10/2020.
Exhibit P4TRUE COPY OF THE ORDER DATED
16/10/2021.
Exhibit p5TRUE COPY OF THE ORDER IN FILE NO.
DCALP/8493/2020-NS DATED 17/12/2021

Habeeb T.K.R v. Additional Chief Secretary

Case brief

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Habeeb T.K.R v. Additional Chief Secretary

Case brief

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