Writ petition seeking a direction to the Home Secretary to act on a complaint alleging an unregulated deposit scheme run by respondents 5 and 6. The court allowed it only by directing consideration of the complaint with hearing, leaving all merits open.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 1355 OF 2023
PETITIONERS:
1THE MERCHANTS ASSOCIATION CHERTHALA
REGISTRATION NO.ALP/TC/461/22, BUILDING NO.8/80,
CHERTHALA P.O., ALAPPUZHA, REPRESENTED BY ITS
SECRETARY, PIN - 688524
2SINIL KUMAR E.K.
AGED 47 YEARS,
S/O.V.N.KUNJAPPAN, SECRETARY,
THE MERCHANTS ASSOCIATION CHERTHALA,
KANNIKATTU VEETTIL, MARUTHORAVATTAM P.O.,
CHERTHALA TALUK, ALAPPUZHA, PIN - 688539
BY ADVS.
C.R.SYAMKUMAR
HELEN P.A.
RENOY VINCENT
SHAHIR SHOWKATH ALI
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950012 HOME SECRETARY SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950013 DISTRICT POLICE CHIEF CCSB ROAD, CIVIL STATION WARD, ALAPPUZHA, PIN - 6880124 DEPUTY SUPERINTENDENT OF POLICE CHERTHALA, ALAPPUZHA – 688524.5 SABULAL K.V CMC 34, CHERTHALA P.O., CHERTHALA TALUK, ALAPPUZHA, PIN - 6885246BHASI B., MATTAVANA, CMC 23, CHERTHALA P.O.,
CHERTHALA TALUK, ALAPPUZHA, PIN - 688524
BY ADVS.
PUBLIC PROSECUTOR
T.JAYAKRISHNAN
R.KRISHNAKUMAR (CHERTHALA)(K/1680/2000)
K.R.RANJITH, GOVERNMENT PLEADER WITH STATE ATTORNEY()
SRI. K.R.RANJITH, SPL. GP.,
SMT. SRADHA MOHAN, FOR R4 & R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1355 OF 2023 2
JUDGMENT
The petitioners seek a direction to respondent No.2 to consider and pass orders on Ext.P7 complaint preferred by them against respondents 5 and 6, containing the allegation that the latter is conducting an unregulated Deposit Scheme, under the aegis of an unregistered Association called the Merchants Association. They assert that the actions of respondents 5 and 6 come within the ambit of the prohibited activities as per the Banning of Unregulated Deposit Schemes Act, 2019 (‘BUDS Act’); and therefore, that the 2nd respondent is obligated to consider Ext.P7 and take necessary action thereon as per law.
WP(C) NO. 1355 OF 2023 3
question of its maintainability, there is no legal impediment in doing so.
In the afore circumstances, I allow this writ petition, to the
WP(C) NO. 1355 OF 2023 4
limited extent of directing the 2nd respondent to take up Ext.P7 complaint of the petitioners and dispose of the same, after hearing them, as also respondents 5 and 6; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
I, however, make it clear that since I have not entered into the merits of any of the rival contentions, every question, including as to whether the 2nd respondent is competent to decide Ext.P7 at this point after the private complaint has been registered, are left open to be decided by the said Authority, while the afore exercise is completed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/7.2
WP(C) NO. 1355 OF 2023 5
APPENDIX OF WP(C) 1355/2023
PETITIONER EXHIBITS |
||
|---|---|---|
Exhibit-P1 |
THE TRUE COPY OFREGISTRATION ISSUDATED 17.11.2022 |
THE CERTIFICATE OFED TO THE PETITIONER NO.1 |
Exhibit-P2 |
THE TRUE COPY OFSUBMITTED BY MR.21.10.2022 |
THE RTI APPLICATIONHARISH T.G. DATED |
Exhibit-P3 |
THE TRUE COPY OFMR. HARISH T.G. D |
THE RTI REPLY RECEIVED BYATED 19.11.2022 |
Exhibit-P4 |
THE TRUE COPY OFISSUED BY 'THE ME21.10.2022' |
THE RECEIPT NO. 1725RCHANTS ASSOCIATION,DATED |
Exhibit-P4(a) |
THE TRUE COPY OF19.1.2022 ISSUEDASSOCIATION' |
THE RECEIPT NO.1481 DATEDBY 'THE MERCHANTS |
Exhibit-P5 |
THE TRUE COPY OFBY THE PETITIONERRESPONDENT NO.4 D |
THE COMPLAINT SUBMITTEDNO.2 BEFORE THEATED 15.12.2022 |
Exhibit-P6 |
THE TRUE COPY OF652/22/SSD DATEDPETITIONER NO.2 |
THE RECEIPT NO.3070/P1-15.12.2022 ISSUED TO THE |
Exhibit-P7 |
THE TRUE COPY OFBY THE PETITIONERRESPONDENT NO.2 D |
THE COMPLAINT SUBMITTEDNO.1 BEFORE THEATED 24.12.2022 |
Exhibit-P8 |
THE TRUE COPY OFRECEIVED BY THE P |
THE ACKNOWLEDGMENT CARDETITIONER NO.2 |
Exhibit P9 |
The certified copthe office of thedated 8.3.2023 |
y of a letter issued fromRegistrar of Societies |
Exhibit P10 |
True copy of thedated 08.03.1977 |
gazette notification |
Exhibit P11 |
The true copy ofissued by 'The Me |
the loan application formrchants Association' |
Exhibit P12 |
Ttrue copy of themade before the 'Association' |
details of remittancesThe Merchants |
Exhibit P13 |
THE TRUE COPY OFTHE PETITIONER NOCHERTHALA PENDING |
THE COMPLAINT FILED BY.2 BEFORE THE JFCM - I,AS C.C. NO.1682/2023 |
Exhibit P14 |
THE TRUE COPY OFPROCEEDINGS IN C.FROM THE E-COURTS |
THE PRINTOUT OF THEC. NO.1682/2023 TAKENWEBSITE |
RESPONDENT EXHIBITS |
||
Exhibit R5(a) |
A true copy of pl |
aint dtd. 20-10-2022 in |
WP(C) NO. 1355 OF 2023 6
O.S No 545/2022 on the files of Munsiffs
Court Cherthala
Exhibit R5(b)A true copy of plaint dtd. 24-11-2022 in
O.S No 614/2022 on the files of Munsiffs
Court Cherthala
Exhibit R5(c)A true copy of Certificate of Registration
of Societies to The Merchants Association
Cherthala Reg.No.S.45/71 dtd. 5-10-1971
1 issue framed by the court
Whether the 2nd respondent (Home Secretary) should be directed to consider and dispose of Ext.P7 complaint alleging an unregulated deposit scheme under the BUDS Act.
1 provisions across 1 enactments
The Merchants Association Cherthala
Sinil Kumar E.K.
State of Kerala
Home Secretary
District Police Chief
Deputy Superintendent of Police Cherthala
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court