The court disposed of three connected writ petitions challenging provisional orders of attachment under the BUDS Act. It found that since the orders were already passed, specific relief against the attached petitioners is not necessary.
Writ petitions disposed of granting liberty to petitioners to challenge the provisional order under the BUDS Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 2ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA,
1945
WP(CRL.) NO. 236 OF 2023
CRIME NO.571/2019 OF Alathur Police Station, Palakkad
PETITIONER/S:
1 VENUGOPALAN A, AGED 52 YEARS S/O NARAYANA GUPTHAN, ANARKOTTIL KATTUKULAM, MANGALAMKUNNU SREEKRISHNAPURAM, PALAKKAD-679514, PIN - 6795142 SREEREKHA, AGED 48 YEARS W/O VENUGOPALAN ANARKOTTIL, KATTUKULAM, MANGALAMKUNNU SREEKRISHNAPURAM, PALAKKAD-679514, PIN - 679514BY ADVS.
L.RAJESH NARAYANRESPONDENT/S:
1 STATE OF KERALA STATE OF KERALA REP BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM- 695001, PIN - 6950012 STATION HOUSE OFFICER COYALMANNAM POLICE STATION, PALAKKAD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM- 682020, PIN - 6820203 STATION HOUSE OFFICER ALATHUR POLICE STATION ALATHUR, PALAKKAD-678541, PIN - 6785414 DISTRICT COLLECTOR COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD-678013, PIN - 6780135 TAHSILDAR TALUK OFFICE OTTAPALAM, PALAKKAD- 679101, PIN - 679101-2-
W.P.(Crl.) Nos.236, 237 & 238 of 2023
6 COMPETENT AUTHORITY 6. COMPETENT AUTHORITY UNDER SEC.7 OF THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT, 2019, THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001, PIN - 695001OTHER PRESENT:
SRI MP PRASANTH,PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 02.11.2023, ALONG WITH WP(Crl.).237/2023,
238/2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.) Nos.236, 237 & 238 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 2ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA,
1945
WP(CRL.) NO. 237 OF 2023
CRIME NO.571/2019 OF Alathur Police Station, Palakkad
PETITIONER/S:
1 M.P MOHANDAS AGED 60 YEARSS/O PADMANABHAN NAIR, POTTENCHOLA KARIMPUZHA-I, PALAKKAD-679513, PIN - 6795132 K.V NALINI AGED 50 YEARSW/O MOHANDAS, POTTENCHOLA KARIMPUZHA-I, PALAKKAD679513, PIN - 679513BY ADV L.RAJESH NARAYAN
RESPONDENT/S:
1 STATE OF KERALAREP BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM- 695001, PIN - 6950012 STATION HOUSE OFFICER COYALMANNAM POLICE STATION, PALAKKAD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682020, PIN - 6820203 STATION HOUSE OFFICER ALATHUR POLICE STATION ALATHUR, PALAKKAD-678541, PIN - 6785414 DISTRICT COLLECTOR COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD-678013, PIN - 6780135 TAHSILDARTALUK OFFICE OTTAPALAM, PALAKKAD- 679101, PIN - 6791016 COMPETENT AUTHORITY6. COMPETENT AUTHORITY UNDER SEC.7 OF THE BANNING
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W.P.(Crl.) Nos.236, 237 & 238 of 2023
OF UNREGULATED DEPOSIT SCHEMES ACT, 2019, THE
SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695001, PIN -
695001
OTHER PRESENT:
SMT SREEJA V, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 02.11.2023, ALONG WITH WP(Crl.).236/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.) Nos.236, 237 & 238 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 2ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA,
1945
WP(CRL.) NO. 238 OF 2023
CRIME NO.571/2019 OF Alathur Police Station, Palakkad PETITIONER/S:
RASHEED P.K
AGED 42 YEARS
S/O VEERASAAN, POOKKOTTUKUNNATH (H) PERUR P.O,
PATHIRIPPALA, PALAKKAD- 679302, PIN - 679302
BY ADV L.RAJESH NARAYAN
RESPONDENT/S:
1 STATE OF KERALA REP BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM- 695001, PIN - 6950012 STATION HOUSE OFFICER COYALMANNAM POLICE STATION, PALAKKAD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM- 682020, PIN - 682020
3 STATION HOUSE OFFICER ALATHUR POLICE STATION ALATHUR, PALAKKAD-678541, PIN - 6785414 DISTRICT COLLECTOR COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU,PALAKKAD-678013, PIN - 678013
5 TAHSILDARTALUK OFFICE OTTAPALAM, PALAKKAD- 679101, PIN -
679101
6 COMPETENT AUTHORITY6. COMPETENT AUTHORITY UNDER SEC.7 OF THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT, 2019, THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001, PIN - 695001
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W.P.(Crl.) Nos.236, 237 & 238 of 2023
OTHER PRESENT:
SRI MP PRASANTH, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 02.11.2023, ALONG WITH WP(Crl.).236/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(Crl.) Nos.236, 237 & 238 of 2023
P.V.KUNHIKRISHNAN, J.
W.P.(Crl.) Nos.236, 237 & 238 of 2023
Dated this the 2nd day of November, 2023
JUDGMENT
The same issue raised in these writ petitions and therefore, I am
disposing of these writ petitions by a common judgment. The prayers
in these writ petitions are extracted hereunder:
W.P.(Crl.) No.236 of 2023
“i. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to attach the properties, vehicles, bank accounts of the petitioners in furtherance to Ext.P12, without hearing and affording an opportunity of hearing to the petitioners;
ii. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to proceed against the petitioners properties, bank accounts, vehicles and pass provisional order of attachment pursuant to Ext.P12;
iii. Issue a writ in the nature of certiorari or any such other direction or orders calling for the records leading to Ext.P12and quash the same as against the 1st petitioner;
iv. Dispense with the production of translation of vernacular documents;
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W.P.(Crl.) Nos.236, 237 & 238 of 2023
v. Issue any such other writ, direction or orders, which this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case.” (sic)
W.P.(Crl.) No.237 of 2023
“i. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to attach the properties, vehicles, bank accounts of the petitioners in furtherance to Ext.P8, without hearing and affording an opportunity of hearing to the petitioners;
ii. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to proceed against the petitioners properties, bank accounts, vehicles and pass provisional order of attachment pursuant to Ext.P8;
iii. Issue a writ in the nature of certiorari or any such other direction or orders calling for the records leading to Ext.P8 and quash the same as against the 1st petitioner;
iv. Dispense with the production of translation of vernacular documents;
v. Issue any such other writ, direction or orders, which this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case.”
W.P.(Crl.) No. 238 of 2023
“i. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to attach the properties, vehicles, bank accounts of the
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W.P.(Crl.) Nos.236, 237 & 238 of 2023
petitioners in furtherance to Ext.P9, without hearing and affording an opportunity of hearing to the petitioners;
ii. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to proceed against the petitioners properties, bank accounts, vehicles and pass provisional order of attachment pursuant to Ext.P9;
iii. Issue a writ in the nature of certiorari or any such other direction or orders calling for the records leading to Ext.P9 and quash the same as against the petitioner;
iv. Dispense with the production of translation of vernacular documents;
v. Issue any such other writ, direction or orders, which this Hon’ble Court may deem fit and proper considering the facts and circumstances of the case.”
Ext.P12 proceedings issued by the Tahsildar, Ottappalam to the Village Officers to report about the movable and immovable properties for initiating attachment under the BUDS Act. The same order is challenged in the other two writ petitions also.
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W.P.(Crl.) Nos.236, 237 & 238 of 2023
prosecutor, on instructions, submitted that the provisional attachment order is already issued on 26.12.2022. If that be so, as per the BUDS
Act, the petitioners have got remedy.
Granting liberty to the petitioners to challenge the provisional order, in accordance with law, these writ petitions are disposed of. The competent authority is free to inform the provisional order to the designated court, in accordance with law, and while doing so, the time during which the interim order was in force in these cases, can be excluded while calculating the period prescribed in the statute for the
same.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
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W.P.(Crl.) Nos.236, 237 & 238 of 2023
APPENDIX OF WP(CRL.) 237/2023
PETITIO |
NER EXHI |
BITS |
|
|---|---|---|---|
Exhibit |
P-1 |
TRUE COPY OF THE5.10.2019 OF THESTATION, PALAKKA |
FIR NO.571/2019 DATEDALATHUR POLICED |
Exhibit |
P-2 |
TRUE COPY OF THE5.10.2019 OF THESTATION, PALAKKA |
FIR NO.316/2019 DATEDCOYALMANNAM POLICED |
Exhibit |
P-3 |
TRUE COPY OF THEDATED 30.12.1999 |
SALE DEED NO.6723/1999 |
Exhibit |
P-4 |
TRUE COPY OF THEDATED 21.5.2022OFFICER, KARIMBU |
BASIC TAX RECEIPTISSUED BY THE VILLAGEZHA-I VILLAGE |
Exhibit |
P-5 |
TRUE COPY OF THEDATED 4.2.2023 IOFFICER, KARIMBU |
POSSESSION CERTIFICATESSUED BY THE VILLAGEZHA-I VILLAGE |
Exhibit |
P-6 |
TRUE COPY OF THEDATED 17.6.2019 |
SALE DEED NO.2798/19OF THE SRO MANNARKKAD |
Exhibit |
P-7 |
TRUE COPY OF THEDATED 4.2.2023 IOFFICER, KARIMBU |
POSSESSION CERTIFICATESSUED BY THE VILLAGEZHA I VILLAGE, |
Exhibit |
P-8 |
TRUE COPY OF THE28.10.2022 NO.TL |
COMMUNICATION DATEDKOTP/11615/2022-D2 |
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W.P.(Crl.) Nos.236, 237 & 238 of 2023
APPENDIX OF WP(CRL.) 238/2023
PETITIO |
NER EXHI |
BITS |
|
|---|---|---|---|
Exhibit |
P-1 |
TRUE COPY OF THE5.10.2019 OF THESTATION, PALAKKA |
FIR NO.571/2019 DATEDALATHUR POLICED |
Exhibit |
P-2 |
TRUE COPY OF THE5.10.2019 OF THESTATION, PALAKKA |
FIR NO.316/2019 DATEDCOYALMANNAM POLICED |
Exhibit |
P3 |
TRUE COPY OF THEDATED 1.10.2015 |
SALE DEED NO.2208/2015 |
Exhibit |
P-4 |
TRUE COPY OF THEDATED 13.1.2023OFFICER, MANKARA |
BASIC TAX RECEIPTISSUED BY THE VILLAGEVILLAGE |
Exhibit |
P-5 |
TRUE COPY OF THE1226/2012 DATED |
SALE DEED NO.12.3.2012 |
Exhibit |
P-6 |
TRUE COPY OF THE3652/14/I DATED |
SALE DEED NO.11.9.2014 |
Exhibit |
P-7 |
TRUE COPY OF THEDATED 14.7.2022LAKKIDI PERUR-II |
BASIC TAX RECEIPTBY THE VILLAGE OFFICER, |
Exhibit |
P-8 |
TRUE COPY OF THEDATED 6.2.2023 IOFFICER, LAKKIDI |
POSSESSION CERTIFICATESSUED BY VILLAGEPERUR-II |
Exhibit |
P-9 |
TRUE COPY OF THE28.10.2022 NO.TL |
COMMUNICATION DATEDKOTP/11615/2022-D2 |
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W.P.(Crl.) Nos.236, 237 & 238 of 2023
APPENDIX OF WP(CRL.) 236/2023
PETITIO |
NER EXHI |
BITS |
|
|---|---|---|---|
Exhibit |
P-1 |
TRUE COPY OF THE5.10.2019 OF THESTATION, PALAKKAD |
FIR NO.571/2019 DATEDALATHUR POLICE |
Exhibit |
P-2 |
TRUE COPY OF THE5.10.2019 OF THESTATION, PALAKKAD |
FIR NO.316/2019 DATEDCOYALMANNAM POLICE |
Exhibit |
P-3 |
TRUE COPY OF THENO.1012/1999 DATE |
PARTITION DEEDD 18.3.1999 |
Exhibit |
P-4 |
TRUE COPY OF THE1462/2005/I DATED |
SALE DEED NO.21.3.2005 |
Exhibit |
P-5 |
TRUE COPY OF THEDATED 31.10.2022OFFICER, SRIKRISH |
BASIC TAX RECEIPTISSUED BY THE VILLAGENAPURAM II VILLAGE |
Exhibit |
P-6 |
TRUE COPY OF THEDATED 4.2.2023 ISOFFICER, SRIKRISH |
POSSESSION CERTIFICATESUED BY THE VILLAGENAPURAM II VILLAGE |
Exhibit |
P-7 |
TRUE COPY OF THEDATED 23.6.2005 |
SALE DEED NO.2944/05 |
Exhibit |
P-8 |
TRUE COPY OF THEDATED 12.4.2022 IOFFICER, POOKOTTU |
BASIC TAX RECEIPTSSUED BY THE VILLAGEKAVU, |
Exhibit |
P-9 |
TRUE COPY OF THEDATED 6.2.2023 ISOFFICER, SRIKRISH |
POSSESSION CERTIFICATESUED BY THE VILLAGENAPURAM II VILLAGE |
Exhibit |
P-10 |
TRUE COPY OF THEDATED 21.5.2022 IMANNARKKKAD I VIL |
BASIC TAX RECEIPTSSUED BY THELAGE OFFICER |
Exhibit |
P-11 |
TRUE COPY OF THEDATED 6.2.2023 ISMANNARKKKAD I VIL |
POSSESSION CERTIFICATESUED BY THELAGE OFFICER |
Exhibit |
P-12 |
TRUE COPY OF THE28.10.2022 NO.TLK |
COMMUNICATION DATEDOTP/11615/2022-D2 |
3 issues framed by the court
Whether the High Court should grant relief to quash the provisional order of attachment issued under the BUDS Act.
Whether the petitioners have a remedy to challenge the provisional attachment order issued by the competent authority.
Whether the competent authority can inform the designated court about the provisional order while calculating the statutory time period.
1 provisions across 1 enactments
VENUGOPALAN A AND ANR.
STATE OF KERALA AND ORS.
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court