P.U. [email protected] Poomattam vs State Of Kerala
2021 Latest Caselaw 22394 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                       WP(C) NO. 18699 OF 2021
PETITIONER:

          P.U. [email protected] POOMATTAM,
          AGED 75 YEARS
          S/O. ULAHANNAN,
          POOMATTATHIL HOUSE,
          KATTAPANA VILLAGE,
          IDUKKI TALUK,
          IDUKKI DISTRICT 685 508.

          BY ADVS.GEORGE MATHEW
                  PRAVEEN S.
                  ELSA DENNY PINDIS
                  SUNIL KUMAR A.G
                  MATHEW K.T.
                  GEORGE K.V.
                  STEPHY K REGI


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS PRINCIPAL SECRETARY,
          HOME DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM 695 001.

    2     THE DISTRICT COLLECTOR,
          COLLECTORATE, KUYILIMALA,
          PAINAVU, IDUKKI 685 603.

    3     THE REVENUE DIVISIONAL OFFICER,
          COLLECTORATE, KUYILIMALA, PAINAVU,
          IDUKKI DISTRICT 685 603.

    4     THE TAHSILDAR,
          IDUKKI TALUK, TALUK OFFICE,
          KUYILIMALA, PAINAV,
          IDUKKI 685 603.

    5     VILLAGE OFFICER,
          VILLAGE OFFICE, KATTAPPANA,
          IDUKKI DISTRICT 685 508.
 W.P.(C).No.18699 OF 2021         2



    6     THE STATION HOUSE OFFICER,
          KATTAPPANA, POLICE STATION,
          IDUKKI DISTRICT 685 508.

    7     ADDL.R7 IS IMPLEADED

          THE SUPERINTENDENT OF POLICE
          CENTRAL BUREAU OF INVESTIGATION,
          ANTI-CORRUPTION BEUREAU,
          KATHRIKADAVU, KALOOR,
          KOCHI-682017.

          (ADDL. R7 IMPLEADED AS PER ORDER DATED 28-10-2021 IN
          IA NO.1/2021).


          R1 TO R6 BY SRI.HRITHWIK C.S,SENIOR PUBLIC PROSECUTOR
          R7 BY SRI. SUVIN R. MENON, CGC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.18699 OF 2021            3




                              JUDGMENT

Petitioner is the owner of a building situated in Kattappana

Municipality which was leased out to the infamous Popular

Finance for running their branch office. After registration of the

crime against them under the provisions of the KPID Act, 2013

and BUDS Act, 2019, by Ext.P4 order dated 12.10.2020, the

District Collector, the authorized officer had directed the

Revenue Divisional Officer, Idukki and the Sub Inspector,

Devikulam to close, lock and seal all buildings, branches and

offices and to effect attachment of cash, gold and other assets of

all institutions which belong to or under the management of the

Popular Finance and its allied firms/its partners. The grievance

of the petitioner is that even though all the items were removed

from the building and investigation was taken over by the

seventh respondent, vacant possession of the building is not

being handed over to the petitioner.

2. Thus, he has approached this Court under Article 226

of the Constitution seeking to issue a writ of mandamus or any

other appropriate writ, order or direction commanding

respondents to release the rooms covered by Exts. P1 to P3

owned by the petitioner within a time frame.

3. I heard the learned counsel for the petitioner, the

learned Senior Public Prosecutor and also the learned Central

Government Counsel for the CBI.

4. Even though pursuant to Ext.P4, inventory was

prepared by the Revenue Divisional Officer, vacant possession

of the building has not been handed over. That means for the last

more than one year, the building remains idle without fetching

any income for the petitioner which was otherwise getting rent.

No doubt, as far as a building owner is concerned, it would cause

him considerable hardships. In the circumstances, there is no

justification in not giving back vacant possession of the building

to the petitioner.

5. Therefore, respondents 2 and 3 are directed to hand

over vacant possession of the building to the petitioner within a

period of two months from the date of receipt of a copy of this

judgment. Meanwhile, the petitioner is at liberty to approach the

second respondent with appropriate representation, which shall

be considered within the time frame.

The writ petition is disposed of as above.

SD/-

K.HARIPAL

JUDGE

DCS/09.11.2021

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF BASIC TAX RECEIPT NO.

KL06050406311/2021 DTD. 25.05.2021 ISSUED BY 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF TAX RECEIPT NO. 0041611 DTD.

13.08.2021 ISSUED BY KATTAPPANA MUNICIPALITY.

EXHIBIT P3 TRUE COPY OF OWNERSHIP CERTIFICATE NO.

3126501/978/2021 DTD. 13.08.2021 ISSUED BY KATTAPPANA MUNICIPALITY.

EXHIBIT P4 TRUE COPY OF PROCEEDINGS NO.

DCIDK/4425/2020-E11 DTD. 12.10.2020.