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K.P.Sureshkumar v. State of Kerala

Kerala HC27 Jan 2023WP(C)/274/2023

Case brief

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What is this about?

The High Court at Ernakulam, in a writ petition, directed the District Collector, Alappuzha, to grant vacant possession of the petitioner's building. The court relied on principle that directions granted in similar circumstances in connected writ petitions should apply herein given the closure of the lessee's business. Vacant possession is to be granted within three months.

What did the court decide?

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

K.P.Sureshkumar Vs State of Kerala — Landlord and Tenant | Kerala HC (2023)

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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 SHAJI P.CHALY

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FRIDAY, THE 27^TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944

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WP(C) NO. 274 OF 2023

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PETITIONER:

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K.P.SURESHKUMAR AGED 54 YEARS S/O. K.G. PARAMESWARAN, RESIDING AT KOTTAL HOUSE, PUTHIYAKAVU PO, MAVELIKKARA., PIN - 690102 BY ADV A.SHAFEEK (KAYAMKULAM)

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RESPONDENTS

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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 TAHASILDAR MAVELIKKARA TALUK, TALUK OFFICE, MAVELIKKARA, PIN - 690101 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 PUBLIC PROSECUTOR

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R1 TO 4 -SMT.RASHMI.K.M,SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.274 of 2023

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JUDGMENT

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Dated this the 27th day of January, 2023

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The petitioner is the owner in possession of a building in Mavelikkara Village with building No.IX/516E. A portion of the said building was let out to the 5^th respondent, ie., M/s.Mary Rani Popular Nidhi Ltd. Later several cases were registered against the 5^th 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.

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I have heard the learned counsel for the petitioner, Sri.A.Shafeek and the learned Senior Government Pleader, Smt.Deepa N and perused the pleadings and materials on record.

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W.P.(C) No.274 of 2023

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On a perusal of the documents produced along with the writ petition, I am satisfied that in W.P(C)s 3600/2021, 3524/2021, 3979/2021, 4018/2021, 4698/2021,6244/2021

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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.

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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

W.P.(C) No.274 of 2023

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APPENDIX OF WP(C) 274/2023

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT FOR THE PERIOD 2018-19 DATED 22/2/2019 WITH REGARD TO THE PROPERTY OF THE PETITIONER BEARING THANDAPER NO. 5349 OF MAVELIKKARA VILLAGE Exhibit P2 TRUE COPY OF THE LEASE AGREEMENT DATED 16/2/2018 THUS ENTERED BETWEEN THE PETITIONER AND M/S. MARY RANI POPULAR NIDHI LTD. Exhibit P3 TRUE COPY OF THE REPLY DATED 4/11/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE LAWYER NOTICE DATED 13/12/2022 SENT BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF EXT. P4 ON 14/12/2022 BY THE 2ND RESPONDENT 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

K.P.Sureshkumar v. State of Kerala

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K.P.Sureshkumar v. State of Kerala

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