Disposed

K.M.Kurian v. State of Kerala

Kerala HC1 Nov 2022WP(C)/28299/2022

Case brief

AI extract

What is this about?

In two writ petitions, petitioners challenged the detention of their premises attached due to investigations against Popular Finance. The Court accepted government assurances and directed filing of applications to lift attachment under the Banning of Unregulated Deposit Schemes Act.

What did the court decide?

Petitioners directed to request respondents 1 and 2 to file Section 14 applications for lifting attachment of movable items.

K.M.Kurian Vs State of Kerala — Constitutional and Fundamental Rights | 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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TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

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WP(C) NO. 28298 OF 2022

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PETITIONER:

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JOSEPH THOMAS AGED 61 YEARS S/O. SRI. MATHI THOMAS, KARIMPIL HOUSE, NALUKODY PO, PAIPPAD VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT.

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BY ADV. JASMINE LIGY

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RESPONDENTS:

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

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2 THE DISTRICT COLLECTOR, COLLECTORATE, KUMILY ROAD, KOTTAYAM - 686002.

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3 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, 2ND FLOOR, MINI CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY, KOTTAYAM - 686001.

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4 THE TAHSILDAR, CHANGANASSERY TALUK, REVENUE TOWER, CHANGANASSERY, HEAD POST OFFICE, CHANGANASSERY, KOTTAYAM.

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5 THE VILLAGE OFFICER, PAIPAD VILLAGE, NALUKODI PO, CHANGANSSERY - 68548..

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6 THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTICORRUPTION BUREAU, KAHTRIKADAVU, KALOOR, KOCHI – 682017.

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BY ADV. R. RANJITH, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2022, ALONG WITH WP(C).28299/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.28298 & 28299 OF 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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TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

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WP(C) NO. 28299 OF 2022

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PETITIONER:

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K.M.KURIAN AGED 69 YEARS S/O. LATE K.P. MATHEW, KARANNATHU HOUSE, PC KAVALA PO, PAIPPAD, CHANGANACHERRY, KOTTAYAM – 686537.

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BY ADV. JASMINE LIGY

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RESPONDENTS:

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

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2 THE DISTRICT COLLECTOR, COLLECTORATE, KUMILY ROAD, KOTTAYAM - 686002.

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3 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, 2ND FLOOR, MINI CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY, KOTTAYAM - 686001.

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4 THE TAHSILDAR, CHANGANASSERY TALUK, REVENUE TOWER, CHANGANASSERY, HEAD POST OFFICE, CHANGANASSERY, KOTTAYAM, PIN-686548.

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5 THE VILLAGE OFFICER, PAIPAD VILLAGE, NALUKODI PO, CHANGANSSERY - 686548.

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6 THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI-CORRUPTION BUREAU, KATHRIKADAVU, KALOOR, KOCHI-682017.

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BY ADV. R. RANJITH, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2022, ALONG WITH WP(C).28298/2022, THE COURT ON THE SAME DAY

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DELIVERED THE FOLLOWING:

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WP(C) Nos.28298 & 28299 OF 2022

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JUDGMENT

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[WP(C) Nos.28298/2022, 28299/2022]

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Dated this the 01^st day of November, 2022

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The petitioners had let out their building to ‘Mary

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Rani Popular Nidhi Ltd.’, a sister concern of Popular Finance. Crimes were registered against Popular Finance and its sister concerns, on the basis of complaints alleging cheating and defrauding of its customers and share holders. As part of the investigation, the properties of Popular Finance and its sister concerns were attached and the premises in which the offices were functioning brought under lock and key. The petitioners' grievance is that after closing the premises let out by them, no action was taken to return the properties to the petitioners.

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Learned Counsel for the petitioners submitted that the investigation of the crimes registered against Popular Finance is complete and even otherwise, there is no justification in keeping the tenanted premises

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WP(C) Nos.28298 & 28299 OF 2022

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under lock and key. It is submitted that the buildings are liable to be returned to the petitioners' possession,

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after removing the items belonging to the accused.

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Learned Government Pleader referred to paragraph Nos. 7 and 8 of the counter affidavit filed in W.P.(C.)No.28298 of 2022, the relevant portion of which reads as under;

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“Para.No.7: This respondent have already filed petition Crl.M.P.No.2045/2021 before the Additional District and Sessions Court-V, Kottayam being the Designated Court appointed vide G.O(P)No.69/2020/ Home dated 18.12.2020, to make the provisional attachment as absolute.

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Para.No.8: Once the Designated Court orders for the sale of auction of those assets, then the assets may be sold or auctioned from the premises itself and the books of accounts and computers may be handed over to the safe custody of the competent court because the data stored in the computer and books of account may have vital role in settlement of claims in this case. This respondent does not have the facilities to keep the assets and books of account under safe custody which are now kept at the 22 branches of the Popular Finance limited in the district.”

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It is submitted that necessary action under the Banning of Unregulated Deposit Schemes Act is being

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WP(C) Nos.28298 & 28299 OF 2022

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taken for getting orders lifting the attachment from the designated courts.

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In view of the above assurance, the writ petitions are disposed of as under;

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The competent Authority under the Banning of Unregulated Deposit Schemes Act, shall file requisite applications under Section 14 of the Act before the designated court for getting the attachment effected with respect to the movable items in the petitioners' buildings lifted. For this purpose, the petitioners can make a request before respondents 1 and 2 immediately. Once the applications are filed, the designated court shall pass appropriate orders within a period of 180 days, as stipulated in Section 15(6) of the Act.

Ordered accordingly.

Sd/-

V.G.ARUN

JUDGE

NB/1-11

WP(C) Nos.28298 & 28299 OF 2022

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APPENDIX OF WP(C) 28299/2022

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PETITIONER’S EXHIBITS EXHIBIT P1 TRUE WITH BEARI	COPY REGAR NG TH	OF THE TAX RECEIPT DATED 5/8/2022 D TO THE PROPERTY OF THE PETITIONER ANDAPER NO. 9191 OF PAIPPAD VILLAGE.
EXHIBIT P2 TRUE 5/8/2	COPY 022 I	OF THE OWNERSHIP CERTIFICATE DATED SSUED BY PAIPPAD GRAMA PANCHAYAT.
EXHIBIT P3 TRUE 27/7/ S. MA	COPY 2019 RY RA	OF THE LEASE AGREEMENT DATED ENTERED BETWEEN THE PETITIONER AND M/ NI POPULAR NIDHI LTD.
EXHIBIT P4 TRUE PASSE 18699	COPY D BY /2021	OF THE JUDGMENT DATED 9/11/2021 THIS HON'BLE COURT IN W.P.(C). NO. .

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RESPONDENTS’ EXHIBITS: NIL

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WP(C) Nos.28298 & 28299 OF 2022

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APPENDIX OF WP(C) 28298/2022

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PETITIONER’S	EXHIBITS
EXHIBIT P1	TRUE WITH BEARI	COPY REGAR NG TH	OF THE D TO TH ANDAPER	TAX RECEIPT DATED 10/8/2022 E PROPERTY OF THE PETITIONER NO. 4951 OF PAIPPAD VILLAGE.
EXHIBIT P2	TRUE 6/8/2	COPY 022 I	OF THE SSUED BY	OWNERSHIP CERTIFICATE DATED PAYYIPPAD GRAMA PANCHAYAT.
EXHIBIT P3	TRUE 21/2/ S. MA	COPY 2017 RY RA	OF ENTERED NI POPUL	THE LEASE AGREEMENT DATED BETWEEN THE PETITIONER AND M/ AR NIDHI LTD.
EXHIBIT P4	TRUE PASSE 18699	COPY D BY /2021	OF TH THIS H .	E JUDGMENT DATED 9/11/2021 ON'BLE COURT IN W.P.(C). NO.
RESPONDENTS’	EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

K.M.Kurian v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.M.Kurian v. State of Kerala

Case brief

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What did the court decide?

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