The High Court at Ernakulam directed the District Collector, Alappuzha to grant vacant possession of the petitioner's building to him within three months. This order relied on similar directions issued in connected writ petitions.
Direction to the District Collector, Alappuzha to grant vacant possession of the petitioner's building within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944 WP(C) NO. 271 OF 2023
PETITIONER:
JOHN P GEORGE
AGED 58 YEARS, S/O. GEORGE JOHN, PUTHEN VEETTIL, LINK ROAD, KAYAMKULAM, ALAPPUZHA DISTRICT., PIN - 690502 BY ADV A.SHAFEEK (KAYAMKULAM)
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM , THE COMPETENT AUTHORITY UNDER BANNING OF UNREGULATED DEPOSIT SCHEMES ACT (BUDS)., PIN - 695001
2 THE DISTRICT COLLECTOR FIRST FLOOR, COLLECTORATE, ALAPPUZHA, PIN - 688001
3 THE THAHASILDAR KARTHIKAPPALLY TALUK, 3RD FLOOR, REVENUE TOWERS, HARIPPAD, PIN - 690514 4 THE SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION, ANTI-CORRUPTION BEUREAU, KAHTRIKADAVU, KALOOR, KOCHI, PIN - 682017 5 5) M/S. MARY RANI POPULAR NIDHI LTD XIII/526-E, POPULAR TOWER ANNEXE, VAKAYAR PO, PATHANAMTHITTA , REPRESENTED BY ITS MANAGING DIRECTOR DR. RINU MARIYAM THOMAS., PIN - 689698 BY ADV GOVERNMENT PLEADER
R1 TO 4 -SMT.DEEPA.N,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.271 of 2023
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JUDGMENT
Dated this the 27th day of January, 2023
The petitioner is the owner in possession of a building in Kayamkulam Village with building No.36/45N. A portion of the said building was let out to the 5th respondent, ie., M/s.Mary Rani Popular Nidhi Ltd. Later several cases were registered against the 5th respondent under the provisions of Kerala protection of interest of depositors in financial establishments Act, 2013; the business establishments are closed down and the investigation is going on. The case projected by the petitioner is that under similar circumstances owners of buildings have approached this Court and they have secured directions to the District Collector, Alappuzha to provide free and vacant possession of the buildings. Therefore seeks a similar direction.
W.P.(C) No.271 of 2023
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directions were issued by this Court to the District Collector, Alappuzha to grant vacant possession of the building to the owners. There is no objections to the State and its officials in passing a similar order.
In that view of the matter, I think it is only appropriate that this writ petition is also disposed of directing the District Collector, Alappuzha to grant vacant possession of the building in question to the petitioner. Accordingly, there will be a direction to the District Collector, Alappuzha to grant vacant possession of the building in question to the petitioner at the earliest, and at any rate, within three months from the date of receipt of a copy of this judgment.
Sd/-
SHAJI P. CHALY
JUDGE
AP
W.P.(C) No.271 of 2023
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APPENDIX OF WP(C) 271/2023
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT FOR THE PERIOD 2022-23 DATED 16/4/2022 WITH REGARD TO THE PROPERTY OF THE PETITIONER BEARING THANDAPER NO. 29191 OF KAYAMKULAM VILLAGE Exhibit P2 TRUE COPY OF THE LEASE AGREEMENT DATED 10/7/2019 THUS ENTERED BETWEEN THE PETITIONER AND M/S. MARY RANI POPULAR NIDHI LTD. Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 6/12/2022 THUS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF EXT. P3 ON 7/12/2022 Exhibit P5 TRUE COPY OF THE ORDER GIVING INSTALMENT FACILITY BY THE KERALA STATE ELECTRICITY BOARD FOR THE ABOVE BUILDING Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 4/1/2022 THUS PASSED BY THIS HON'BLE COURT IN W.P. (C). NO. 3600/2021 AND CONNECTED CASES
1 issue framed by the court
Whether the petitioner is entitled to vacant possession of the building occupied by the 5th respondent.
JOHN P GEORGE
STATE OF KERALA REPR. PRINCIPAL SECRETARY HOME DEPARTMENT
THE DISTRICT COLLECTOR ALAPPUZHA
THE THAHASILDAR KARTHIKAPPALLY TALUK
SUPERINTENDENT OF POLICE CPIB
M/S. MARY RANI POPULAR NIDHI LTD
SHAJI P CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
