Allowed

N.K.Saramma v. State of Kerala Represented by Its Chief Secretary

Kerala HC10 Jan 2024WP(C)/40148/2023

Case brief

AI extract

What is this about?

Petitioners sought directions that competent authorities file applications under Section 14(1) of the BUDS Act, 2019 to make provisional attachment of properties absolute and enable sale. Government Pleader undertook that applications would be filed within ten days; writ petition allowed on those terms with liberty to seek rehearing.

What did the court decide?

Writ petition allowed; respondents directed per Government's recorded undertaking to file Section 14(1) BUDS Act application within 10 days, liberty to petitioners to seek rehearing if not done.

N.K.Saramma Vs State of Kerala Represented by Its… — Writ and Judicial Review | Kerala HC (2024)

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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 DEVAN RAMACHANDRAN

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WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945

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WP(C) NO. 40148 OF 2023

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PETITIONERS:

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1N.K.SARAMMA
AGED 80 YEARS
W/O.(LATE) K.P.MATHAI, RESIDING AT TC 4/344, ARA-94,
AMBALA NAGAR ROAD, KOWDIAR.P.O., THIRUVANANTHAPURAM,
PIN - 695003

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2 T.V THOMAS AGED 88 YEARS S/O T.T GEORGE, TC 11/292, CHRIST NAGAR, KAWDIAR P.O, THIRUVANANTHAPURAM, PIN - 695003

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3E.K THRESIA
AGED 81 YEARS
RETD PROF, W/O.T.V THOMAS, TC 11/292, CHRIST NAGAR,
KAWDIAR P.O, THIRUVANANTHAPURAM, PIN - 695003
BY ADVS.
SUMAN CHAKRAVARTHY
AMJATH A.R
BREJITHA UNNIKRISHNAN
SUDEESH K.E.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE COMPETENT AUTHORITY AND SECRETARY TO GOVERNMENT (UNDER THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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3 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN - 695043

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4 THE DISTRICT COLLECTOR, KOLLAM CIVIL STATION ROAD, KAANKATHU MUKKU, KOLLAM, PIN - 691013

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SRI. SUNIL K.KURIAKOSE, GP

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

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10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 40148 OF 2023 2

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JUDGMENT

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The limited plea of the petitioners is that respondents 2 to 4 be directed to file appropriate application before the Designated Court under Section 14(1) of the Banning of Unregulated Deposit Schemes Act, 2019 (‘BUDS Act’ for short), so as to make the provisional attachment absolute; leading to the attached properties being sold subsequently, in terms of the statutory provisions.

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The learned Government Pleader – Sri.Sunil Kumar Kuriakose, in response to the submissions of the petitioners, as made by their learned counsel - Sri.Suman Chakravarthi, submitted that all action under Section 7(3) of the BUDS Act, particularly by filing applications before the Designated Court under Section 14(1) thereof, is underway and such will be filed within a period of 10 days from now.

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Taking note of the afore submissions of the learned Government Pleader and recording the same, I allow this writ petition on such terms; however, leaving liberty to the petitioners to seek a rehearing of this writ petition, in case an application, as required under Section 14(1) of the BUDS Act, is not preferred by respondents 2 to 4 before the Designated Court within the afore time frame.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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MC/10.1

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WP(C) NO. 40148 OF 2023 3

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APPENDIX OF WP(C) 40148/2023

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`PETITIONER EXHIB`	`ITS`
`Exhibit-P1`	`A TRUE COPY OF THE STATEMENT FILED BY THE` `1ST RESPONDENT IN W.P (CRL) NO.59/2023` `DATED 07.10.2023`
`Exhibit-P2`	`A TRUE COPY OF THE PROCEEDINGS DATED` `19.05.2023 NO.SC3/80/2023/HOME`
`Exhibit-P3`	`A TRUE COPY OF THE COMMUNICATION DATED` `16.08.2023 BY THE 4TH RESPONDENT TO THE` `2ND RESPONDENT`
`Exhibit -P4`	`A TRUE COPY OF THE FORWARDING LETTER BY` `THE 3RD RESPONDENT DATED 26.07.2023`
`Exhibit -P5`	`A TRUE COPY OF THE UNNUMBERED ORIGINAL` `PETITION BEFORE THE ADDL. DISTRICT AND` `SESSIONS COURT-V, THIRUVANANTHAPURAM`
`Exhibit -P6`	`A TRUE COPY OF THE LETTER DATED 23.09.2023` `BY THE 2ND RESPONDENT TO THE 3RD` `RESPONDENT`

N.K.Saramma v. State of Kerala Represented by Its Chief Secretary

Case brief

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N.K.Saramma v. State of Kerala Represented by Its Chief Secretary

Case brief

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