Kerala High Court
Thomas Vallakalil @ Thomas Thomas ... vs The State Of Kerala on 11 April, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 10145 OF 2024
PETITIONER/S:
THOMAS VALLAKALIL @ THOMAS THOMAS VALLAKALIL,
AGED 74 YEARS, S/O. THOMAS JACOB, VALLAKALIL HOUSE,
MAVELIKARA P.O.,, PIN - 690101
BY ADVS.
RINNY STEPHEN CHAMAPARAMPIL
ASHA ELIZABETH MATHEW
NEENA ELISABATH ANTONY
ANJANA S.
S.GOPAKUMAR
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANTHAPURAM, PIN - 695001
2 THE COMPETENT AUTHORITY
(UNDER SECTION 7 OF THE BANNING OF UNREGULATED DEPOSIT
SCHEMES ACT, 2019), SECRETARY, HOME DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DISTRICT COLLECTOR
COLLECTORATE, ALAPPUZHA, PIN - 688001
4 SAAN POPULAR FINANCE PRIVATE LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, DR. RIA ANN
THOMAS, 3/1831/6(B), AT 3 RD FLOOR, HRIDAYAM ARCADE
ASWINI JUNCTION, THRISSUR, PIN - 680022
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
K.R.RANJITH, GOVERNMENT PLEADER WITH STATE ATTORNEY()
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10145 OF 2024 2
JUDGMENT
The petitioner had leased out a building to the 4th respondent namely 'Saan Popular Finance Private Limited.' The lease was renewed from time to time and the last date of renewal was with effect from 01.06.2020, for a period of 11 months. During the pendency of the said lease period, the 4th respondent stopped the business and left the place. On account of certain proceedings initiated against the Popular Group of companies under the provisions of the Banning of Unregulated Deposit Schemes Act, 2019, the police sealed the premises based on the directions of the 2 nd respondent. According to the petitioner, the building of the petitioner is not liable to attachment, as the relationship between the petitioner and the 4th respondent was that of lessor and lessee.
2. The learned counsel appearing for the petitioner submits that despite approaching the 2nd respondent as also the officials of the Central Bureau of Investigation (to which agency the investigation of the criminal cases registered against the Popular Group and its directors has been transferred), the petitioner is unable to get vacant WP(C) NO. 10145 OF 2024 3 possession of the building in question.
3. The learned Government Pleader, on instructions, would submit that there have been similar issues in various districts. It is submitted that the 2 nd respondent has authorized District Collector in each district to take decisions regarding handing over of premises such as those belonging to the petitioner. It is submitted that this Court had already considered similar matters in WP(C)No.18699 of 2021 and WP(C)No. 3600 of 2021 and the matter can be considered by the 3rd respondent in the light of the directions contained in the aforesaid judgments.
4. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the official respondents, this writ petition will stand disposed of directing the 2nd respondent to consider Ext.P3 representation and take a decision in the matter. It is made clear that if the relationship between the petitioner and the 4th respondent is purely that of lessor and lessee, the 3 rd respondent shall pass necessary orders directing the handing over the premises in question to the petitioner within a period of three months from the date of receipt of a certified copy of this judgment. While passing orders, the 3 rd WP(C) NO. 10145 OF 2024 4 respondent shall also have due regard to the judgments of this Court in WP(C)No. 18699 of 2021 and WP(C)No. 3600 of 2021.
Writ petition is disposed of as above.
Sd/-
GOPINATH P. JUDGE ajt WP(C) NO. 10145 OF 2024 5 APPENDIX OF WP(C) 10145/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 30/10/2018 ISSUED FROM MAVELIKARA MUNICIPALITY Exhibit P2 A TRUE COPY OF THE DEED OF LICENCE DATED 25/05/2020 ENTERED INTO BETWEEN THE PETITIONER AND DR. RIA ANN THOMAS, THE MANAGING DIRECTOR OF M/S SAAN POPULAR FINANCE PRIVATE LIMITED Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 20/02/2024 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 28/01/2022 OF THIS HON'BLE COURT IN W.P.(C) NO.1642/2022 Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 08/08/2023 OF THIS HON'BLE COURT IN W.P(C)NO.23237/2023 Exhibit P6 A TRUE COPY OF PROCEEDINGS DATED 12/12/2023 ISSUED BY THE 2ND RESPONDENT