Raaz Tours And Travels Private Limited vs State Of Kerala

Kerala High Court

Raaz Tours And Travels Private Limited vs State Of Kerala on 23 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
                         WP(C) NO. 15933 OF 2024


PETITIONER:

              RAAZ TOURS AND TRAVELS PRIVATE LIMITED,
              MAYOORAS BUILDING, KARADI,
              THAMARASSERY, KOZHIKODE, PIN:673573,
              REPRESENTED BY MANAGING PARTNER,
              JABIR PAYYAMPADI,
              AGED 37 YEARS,
              S/O MUHAMMED ALI PAYYAMPADY,
              PAYYAMPADY HOUSE, KAITHAPOYIL,
              KOZHIKODE., PIN - 673586

              BY ADV T.H.ARAVIND


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE HOME SECRETARY GOVERNMENT,
              SECRETARIAT, THIRUVANANTHAPURAM,
              KERALA, PIN - 695001

     2        STATION HOUSE OFFICER, N- 679338
              CYBER CRIME POLICE STATION,
              IDUKKI, KERALA., PIN - 679338

     3        ICICI BANK
              REPRESENTED BY THE BRANCH MANAGER,
              ICICI BANK, THAMARASSERI BRANCH,
              KOZHIKODE., PIN - 673573

              BY ADV.
              DEEPA V, GOVERNMENT PLEADER


    THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No. 15933 of 2024
                                       2




                              JUDGMENT

Dated this the 23rd day of April, 2024 The writ petition has been filed by the petitioner seeking following reliefs:

I. To issue a writ of mandamus or any other writ, order or direction, direct the third respondent to de-freeze the petitioner's account and allow the petitioner to make transactions;

II. To direct the 3rd respondent to permit the petitioner to conduct transactions through his account bearing account No.267205001024.

III. To pass such other writ, order or direction, deemed fit and necessary by this Court in the facts and circumstances of this case; and IV. Allow the writ petition with costs to the petitioner."

2. The grievance of the petitioner is that its bank account has been freezed on the basis of a reference by the 2 nd respondent.

3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 W.P(C) No. 15933 of 2024 3 and 2. Notice to the 3rd respondent is dispensed with in view of the nature of the relief to be granted in this writ petition.

4. Going through the pleadings in the writ petition, I find that the facts divulged in this writ petition is similar to the facts involved in the common judgment disposed of as per Ext.P3.

5. In view of the aforesaid facts, I am of the view that this writ petition can be disposed of with appropriate directions. i. The respondent Bank is directed to confine the order of freeze against the account of the petitioner, only to the extent of the amount mentioned in the order/requisition issued to the petitioner by the Police Authority. This shall be done forthwith, so as to enable the petitioner to deal with its accounts, and transact therein, beyond that limit. ii. The respondent - Police Authority concerned are hereby directed to inform the Bank as to whether freezing of account of the petitioner will require to be continued even in the afore manner; and if so, for W.P(C) No. 15933 of 2024 4 what further time, within a period of eight months from the date of receipt of a copy of this judgment. iii. On the Bank receiving the afore information/intimation from the Police Authority, they will adhere with it and complete necessary action - either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be.

iv. If, however, no information or intimation is received by their Banks in terms of directions (b) above, the petitioner or such among them, will be at full liberty to approach this Court again; for which purpose, all its contentions in this Writ Petition is left open and reserved to them, to impel in future. Writ petition is disposed of as above.

Sd/-

N.NAGARESH JUDGE Jka/23.04.24.

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APPENDIX OF WP(C) 15933/2024 PETITIONER'S EXHIBITS Exhibit P 1 TRUE COPY OF THE LETTER RECEIVED FROM THE SECOND RESPONDENT Exhibit P 2 TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE SECOND RESPONDENT DATED 12/3/2024 Exhibit P 3 TRUE COPY OF THE COMMON JUDGMENT PASSED BY THE HIGH COURT OF KERALA IN WP(C) 14932 OF 2023 DATED 25.09.2023