Petitioners challenged sub-judicial proceedings regarding unregulated deposit schemes. The Court dismissed the petition finding that the Competent Authority had already considered their claims and attached accused properties, rendering the petition redundant.
The writ petition is closed; rights of the Competent Authority to pursue proceedings are reserved.
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 BECHU KURIAN THOMAS
TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946
WP(CRL.) NO. 408 OF 2023
PETITIONERS:
1RAKESH.R
AGED 38 YEARS
RAMA NARAYANA PILLAI,
VIJAYA BHAVANAM,
ARINALLOR P.O KOLLAM,
PIN - 690538
2KHALUDHEEN KUNJU
AGED 56 YEARS
MUHAMMED KUNJU,
S.S. VILLA VEETTIL,
PANMANA VILLAGE,
KUMALATHARA BHAGOM,
PANMANA P.OCHAVARA,
KOLLAM, PIN - 691583
3JAYA PRABHAKARAN
AGED 47 YEARS
KARUNAKARAN PILLAI THATTARAZIKATH
(SAWBHAGYAM) CHERUSSARI BHAGAM,
CHAVARA P.O,KOLLAM, PIN - 691583
4SURESH KUMAR. K.,
AGED 47 YEARS
SON OF KARUNAKARAN PILLAI,
THATTARAZIKATH (SAWBHAGYAM),
CHERUSSARI BHAGAM,
CHAVARA P.O.,
KOLLAM, PIN CODE 691 583.
5DR.MUHAMMAD SUFIYAN,
AGED 38 YEARS
SON OF SHAJAHAN,
KOIPURATH, PADA- SOUTH,
KARUNAGAPALLY P.O., KOLLAM, PIN CODE:690 518.
6PRADEEP Y.,
AGED 51 YEARS
SON OF A.K. YESODHARAN,
KRISHNA KRIPA,
PADA - SOUTH,
KARUNAGAPALLY. P.O.,
KOLLAM, PIN CODE:690 518.
7KOSHY VAIDYAN,
AGED 76 YEARS
SON OF IDICHANDY VAIDYAN,
WP(CRL.) NO. 408 OF 2023
2
THAZAMANGALTHU VEEDU,
KIZHAKKEKARA,
THEVALAKKARA P.O.,
KOLLAM, PIN CODE:690 524.
8RAVEENDRAN PILLAI,
AGED 64 YEARS
SON OF CHELLAPPAN PILLAI,
EARATH PUTHENVEETIL,
KIZHAKEAKARA,
THEVALKARA P.O.,
KOLLAM, PIN CODE:690 524.
9ANCY MOL. G.,
AGED 38 YEARS
WIFE OF MONCY VARGHESE,
KALLORAYYATH,
PADINJATTEAKARA P.O.,
THEVALAKARA, KOLLAM, PIN CODE:690 524.
10RAMSI MOL,
AGED 34 YEARS
WIFE OF ANZAR,
THUNDILKIZHAKETHIL,
MANAYIL P.O., CHAVARA,
KOLLAM, PIN CODE:691 583.
11JUSTIN. S.,
AGED 39 YEARS
SON OF STEPHAN. S.,
WILSON COTTAGE,
MEKKADU,
PANMANA, CHAVARA P.O.,
KOLLAM, PIN CODE:691 583.
BY ADVS.
AJITH VISWANATHAN
SHIBU JOSEPH
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF
SECRETARY, DEPARTMENT OF HOME,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN CODE:695 001.,
2COMPETENT AUTHORITY,
(UNDER SECTION 7 OF THE BANNING OF
UNREGULATED DEPOSIT SCHEME ACT 2019),
SECRETARY, HOME DEPARTMENT,
WP(CRL.) NO. 408 OF 2023
3
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN CODE:695 001.
3DISTRICT POLICE CHIEF (RURAL) ,
KOLLAM, OFFICE OF THE DISTRICT POLICE CHIEF,
KOTTARAKKARA P.O, KOLLAM,
PIN CODE:691 506.
4THE STATION HOUSE OFFICER,
SASTHANCOTTAH POLICE STATION,
KOLLAM, PIN CODE:690 521.
5M/S HOLY TRINITY TRUST,
REG. NO 215/2009,
THEVAKKARA P. O.,
KOLLAM DISTRICT,
REPRESENTED BY ITS CHAIRMAN JAYAKUMAR,
SON OF SUDHAKARAN,
MADATHIL CHITTOOR,
PANMANA P.O, CHAVARA,
KOLLAM DISTRICT, PIN CODE:691 583.
6JAYAKUMAR,
SON OF SUDHAKARAN,
MADATHIL,CHITOOR,
PANMANA P.O, CHAVARA,
KOLLAM, PIN CODE:691 583.
7JYOTHISH KUMAR,
AGED 56 YEARS
SON OF VIJAYAN PILLAI,
KANNOLII, CHERUSSERIBHAGOM,
CHAVARA, PANMANA P.O.,
KOLLAM, PIN CODE:691 583.
8FRANCIS. D.,
AGED 57 YEARS
SON OF DOMANIC,
MANNATHU MEKKADU,
PANMANA P.O.,
CHAVARA,
KOLLAM,
PIN CODE:691 583.
9JACOB. K.G,
AGED 53 YEARS
SON OF GEEVARGHESE,
KURUMPOLAZHIKTTU VEEDU,
KIZHAKKEKARA,
THEVALKARA P.O,
KOLLAM, PIN CODE:690 524.
10SADASHIVAN PILLAI,
WP(CRL.) NO. 408 OF 2023
4
AGED 50 YEARS
SON OF BALAKRISHNA PILLAI,
VADAKKUMTHALA VEEDU,
KOVOOR, ARINALLOR P. O,
KOLLAM, PIN CODE:690 538.
11AJI R.,
AGED 48 YEARS
SON OF RAJAPPAN PILLAI,
PERUMPUZHA VEEDU,
MADAPPALLY,
CHAVERA P.O,
KOLLAM, PIN CODE:691 585.
12DON BOSCO VIRGE,
AGED 52 YEARS
SON OF VINCENT VIRGE,
PUTHIYAVEEDU, CHITOOR,
PANMANA P.O,
KOLLAM, PIN CODE:691 583.
13PRAMOD R.,
AGED 51 YEARS
SON OF RADAKRISHNAN,
PONNATTU,
MEKKADU, PANMANA P.O.,
KOLLAM, PIN CODE:691 583.
14HARIKUMAR. M,
AGED 49 YEARS
SON OF MADHAVAN NAIR,
KRISHNARAMAM,
MEKKADU, PANMANA P.O,
CHAVARA, KOLLAM,
PIN CODE:691 583.
15ANAND,
AGED 44 YEARS
SON OF RADAKRISHNA PILLAI,
MANNASSERIL HOUSE,
KALARI PANMANA,
CHAVARA P.O,
KOLLAM, PIN CODE:691 585.
16LEENA. L,
AGED 53 YEARS
WIFE OF PRAKASH.,
PRINCIPAL,
HOLY TRINITY ANGLO INDIAN SCHOOL,
KIZHAKKEKARA,
THEVALAKKARA P.O,
KOLLAM,
PIN CODE:690 524.
WP(CRL.) NO. 408 OF 2023
5
17HARIS,
AGED 58 YEARS
SON OF IBRAHIM KUTTY,
KALKULANGARA,
PUTHENSANKETHAM,
MUKUNDAPURAM P.O,
KOLLAM, PIN CODE:691 585.
BY ADVS.
K.RAKESH
JACOB P. ALEX
JOSEPH P.ALEX(K/1-C/2002)
MANU SANKAR P.(K/000823/2018)
AMAL AMIR ALI(K/000773/2019)
OTHER PRESENT:
SMT.SREEJA.V. (PP)
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 23.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(CRL.) NO. 408 OF 2023
6
BECHU KURIAN THOMAS, J.
W.P.(Crl) No. 408 of 2024
Dated this the 23rd day of July, 2024
JUDGMENT
Petitioners claim to have deposited amounts with the 5th respondent, who is now facing investigation for offence committed under the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act).
7
WP(CRL.) NO. 408 OF 2023
been filed before the Additional District Court-III, Kollam, which is the Designated Court under the BUDS Act, specifying the list of deposits and the amount of dues owed to the depositors from the deposit takers. It was further submitted that all the petitioners have been identified as persons to whom amounts are due from the deposit takers.
of the Competent Authority to pursue the proceedings in accordance with law.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
WP(CRL.) NO. 408 OF 2023
8
APPENDIX OF WP(CRL.) 408/2023
PETITIONER EXHIBITS
Exhibit P 1TRUEPHOTOSTATCOPYOFTHE
COMPLAINANT DATED NIL SUBMITTED BY
THE FIRST PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P 2TRUE PHOTOSTAT COPY OF COMPLAINT
DATED 22-03-2023 SUBMITTED BY THE
2ND PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P 3TRUE PHOTOSTAT COPY OF COMPLAINT
DATED 14-03-2023 SUBMITTED BY THE
3RD PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P 4TRUE PHOTOSTAT COPY OF THE COMPLAINT
DATED 10-03-2023 SUBMITTED BY THE
4TH PETITIONER TO THE 2ND RESPONDENT
Exhibit P 5TRUE PHOTOSTAT COPY OF THE COMPLAINT
DATED NIL FILED BY THE 5TH
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P 6TRUE PHOTOSTAT COPY OF COMPLAINT
DATED 18-02-2023 SUBMITTED BY THE
6TH PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P 7TRUE PHOTOSTAT COPY OF THE COMPLAINT
DATED 16-03-2023 FILED BY THE 7TH
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P 8TRUE PHOTOSTAT COPY OF THE COMPLAINT
DATED 16-02-2023 FILED BY THE 8TH
PETITIONERAGAINSTTHE5TH
RESPONDENT AND ITS OFFICE BEARERS
BEFORE THE 2ND RESPONDENT
Exhibit P 9TRUE PHOTOSTAT COPY OF THE COMPLAINT
DATED NIL FILED BY THE 9TH
PETITIONERAGAINSTTHE5TH
RESPONDENT AND ITS OFFICE BEARERS
BEFORE THE 2ND RESPONDENT
Exhibit P 10TRUEPHOTOSTATCOPYOFTHE
COMPLAINANT DATED NIL SUBMITTED BY
THE 10TH RESPONDENT BEFORE THE 2ND
RESPONDENT
Exhibit P 11TRUE PHOTOSTAT COPY OF COMPLAINT
DATED 18-03-2023 FILED BY 11TH
PETITIONER AND HIS SISTER IN LAW
BEFORE THE 2ND RESPONDENT
WP(CRL.) NO. 408 OF 2023
9
Exhibit P 12 TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 23-08-2022 IN W.P (CRL) NO.686 OF 2022Exhibit P13 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO 400 OF 2023 DATED 13-032023 BEFORE THE SASTHAMCOTTAH POLICE STATIONExhibit P14 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO 552 OF 2023 DATED 03-042023 BEFORE THE SASTHAMCOTTAH POLICE STATIONExhibit P15 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO 540 OF 2023 DATED 02-042023 BEFORE THE SASTHAMCOTTAH POLICE STATIONExhibit P 16 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO. 531 OF 2023 DATED 01-042023 BEFORE THE SASTHAMCOTTAH POLICE STATIONExhibit P17 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO 338 OF 2023 DATED 03-032023 BEFORE THE SASTHAMCOTTAH POLICE STATIONExhibit P 18 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO 370 OF 2023 DATED 09-032023 BEFORE THE SASTHAMCOTTAH POLICE STATIONExhibit P 19 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO 539 OF 2023 DATED 02-042023 BEFORE THE SASTHAMCOTTAH POLICE STATIONExhibit P20 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO 339 OF 2023 DATED 03-032023 BEFORE THE SASTHAMCOTTAH POLICE STATIONExhibit P 21 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO 410 OF 2023 DATED 14-032023 BEFORE THE SASTHAMCOTTAH POLICE STATIONExhibit P 22 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO 417 OF 2023 DATED 14-032023 BEFORE THE SASTHAMCOTTAH POLICE STATIONExhibit P23 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO 570 OF 2023 DATED 05-042023 BEFORE THE SASTHAMCOTTAH POLICEWP(CRL.) NO. 408 OF 2023
10
STATION
RESPONDENT EXHIBITS
Exhibit R17(a) True Copy of FIR dated 06.09.2023 in Crime No. 1411/2023 of Sasthancottah Police StationExhibit R17(b) True Copy of the First Information Statement dated 06.09.2023 in Crime No. 1411/2023 of Sasthancottah Police StationExhibit R17(c) True Copy of the FIR dated 21.08.2023 in Crime No. 1329/2023 of Sasthancottah Police StationExhibit R17(d) True Copy of the First Information Statement dated 21.08.2023 in Crime No. 1329/2023 of Sasthancottah Police StationExhibit R17(e) True Copy of the Possession Notice dated 21.10.2021 issued by the Federal Bank Ltd under the SARFESI ActExhibit R17(f) True Copy of the representation dated 24.10.2021 issued by the 5th respondent Trust to the Authorised Officer, Federal Bank LtdExhibit R17(g) True Copy of the representation dated 09.11.2023 submitted by the petitioner along with his wife before the 2nd respondent Competent AuthorityAnnexure R2(a) A copy of the O.P.No.81/2024 filed before the designated BUDS Court Kollam2 issues framed by the court
Whether the writ petition seeking directions to the Competent Authority is maintainable when the authority has already considered the claims.
Whether the provision for provisional attachment of assets under the BUDS Act warrants intervention by the High Court when proceedings are pending elsewhere.
Rakesh.R and others
State of Kerala
Competent Authority (BUDS Act)
District Police Chief, Kollam
M/s Holy Trinity Trust
Jayakumar and others
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court