Karnataka High Court
Manappuram Finance Ltd vs The State Of Karnataka on 2 September, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:35673
WP No. 24283 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 24283 OF 2024 (GM-POLICE)
BETWEEN:
MANAPPURAM FINANCE LTD.,
HAVING REGISTERED OFFICE AT
MANNAPPURAM HOSUE
A O VALPAD TRISSUR DISTRICT, KERALA
HAVING ONE OF ITS BRANCH AT
MANAPPURAM FINANCE LIMITED NO.374/374
VINAYAKA NILAYAM, 1ST FLOOR
BENNERGHATTA MAIN ROAD
GOTTIGERE, BENGALUR DT., -560 068
REPRESENTED THROUGH ITS AUTHORIZED
REPRESENTATIVES AND AREA MANAGER
MR NEELAM SALMAN
...PETITIONER
(BY SRI. POORNA PRASAD K R, ADVOCATE)
AND:
Digitally signed by B 1. THE STATE OF KARNATAKA
K
MAHENDRAKUMAR BY ITS SECRETARY
Location: HIGH
COURT OF HOME DEPARTMENT
KARNATAKA
VIDHANA SOUDHA
BENGALURU-560 001.
2. COMMISSIONER OF POLICE
BANGALORE CITY
KARNATAKA-560 001.
3. INSPECTOR OF POLICE
RAJARAJESHWARINAGAR POLICE STATION
IDEAL TOWNSHIP MAIN ROAD, WG7C+57F
JAWAHARLAL NEHRU RD
SACHIDANANDA NAGAR
-2-
NC: 2024:KHC:35673
WP No. 24283 of 2024
RAJARAJESHWARI NAGAR
BENGALURU-560 098.
...RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)
THIS W.P. IS FILED THIS WRIT PETITION IS FILED
UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA PRAYING TO ISSUE DIRECTION WRIT OF PROHIBITION
OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION,
PROHIBITING THE RESPONDENTS FROM ACTING CONTRARY
TO THE PROVISIONS OF LAW.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The learned High Court Government Pleader accepts notice
for the respondents.
2. The petitioner seeks a declaration that the interference
by the respondents in the petitioner's business, specifically the
forceful seizure of gold articles pledged by its customers, is
arbitrary and in violation of fundamental rights under Articles 14
and 19(1)(g) of the Constitution of India.
3. The issue involved in this petition was examined by a
coordinate Bench of this Court in WP No. 10754/2023 (dated
06.06.2023). In that case, relying on the decision in WP No.
22441/2022 (dated 15.11.2022), it was held as follows in
paragraphs 2 and 3 of the said judgment:
"2. A perusal of the order passed on 14.10.2022, the
notice does not in effect indicate anything contrary to
NC: 2024:KHC:35673
what is passed. The only observation is that the writ
petition is dismissed and therefore, the gold articles
are directed to be produced for investigation. This
Court has permitted production of gold articles for
investigation, but the Investigating Officer cannot seize
the same.
3. Learned counsel for the petitioner would submit that
he is co-operating with the investigation and indication
of dismissal of the petition should not lead to seizure of
the gold articles. This Court has clearly held that the
gold articles cannot be seized and therefore, the
Investigating Officer cannot seize the gold articles, but
can examine the same by summoning it for the
purpose of investigation."
4. Therefore, it is expedient to dispose of the writ petition
in terms of the order passed in the aforesaid petition.
5. The relief granted to the litigant in the cognate writ
petition is extended to the petitioner herein as well, mutatis
mutandis.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
bkm
