Suresh Kumar vs State Of Kerala
2022 Latest Caselaw 1171 Ker

               pIN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
        FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
                        WP(C) NO. 1642 OF 2022
PETITIONERS:

            DR. NIDHIN BABU,
            AGED 41 YEARS,
            S/O. BALAGOPAL N.K.,
            RESIDING AT NADEPPILLY HOUSE,
            NEAR POLICE STATION, VAIKOM ROAD,
            TRIPUNITHURA P.O.,
            ERNAKULAM - 682 301, PIN - 682301

            BY ADVS.
            P.G.JAYASHANKAR
            P.K.RESHMA (KALARICKAL)
            REVATHY P. MANOHARAN
            S.RAJEEV (K/001711/2019)
            SAJANA V.H


RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
            HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
            TRIVANDRUM - 695 001.

    2       COMPETENT AUTHORITY,
            (UNDER SECTION 7 OF THE BANNING OF UNREGULATED DEPOSIT
            SCHEMES ACT, 2019)
            SECRETARY, HOME DEPARTMENT,
            GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001, PIN - 695001

    3       DISTRICT COLLECTOR,
            ERNAKULAM, COLLECTORATE,
            CIVIL STATION, KAKKANADU,
            ERNAKULAM - 682 030.

    4       M/S. SAAN POPULAR FINANCE PVT. LTD.,
            HAVING ITS REGD. OFFICE AT NO. 3/1831/6(B),
            3RD FLOOR, HRIDYAM ARCADE,
            ASWINI JUNCTION,
            THRISSUR- 680 022,
            REPRESENTED BY ITS MANAGING DIRECTOR.
 WP(C)Nos.1642,1692&2436/2022

                               2



          R4 BY ADV C.S.MANU
          SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)Nos.1642,1692&2436/2022

                                 3




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
     FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
                     WP(C) NO. 1692 OF 2022
   PETITIONERS:

             M/S.M.K. GROUP,
             HAVING ITS REGD. OFFICE AT CC20/1573,
             M.K. SHOPPING MALL, KACHERIPADY,
             PALLURUTHY, KOCHI - 682 001,
             REPRESENTED BY ITS DULY AUTHORIZED
             POWER OF ATTORNEY HOLDER,
             T.A. JAFFAR, AGED 75,
             S/O. ABDUL AZEEZ RESIDING AT CC2/550-A,
             "NANNHY", KALVATHY DESOM,
             FORT KOCHI, KOCHI- 682 001.

             BY ADVS.
             P.G.JAYASHANKAR
             S.RAJEEV (K/001711/2019)
             SAJANA V.H
             P.K.RESHMA (KALARICKAL)
             REVATHY P. MANOHARAN


   RESPONDENTS:

       1     STATE OF KERALA,
             REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
             HOME DEPARTMENT,
             GOVERNMENT SECRETARIAT,
             TRIVANDRUM - 695 001.

       2     COMPETENT AUTHORITY,
             (UNDER SECTION 7 OF THE BANNING OF UNREGULATED
             DEPOSIT SCHEMES ACT, 2019)
             SECRETARY, HOME DEPARTMENT,
 WP(C)Nos.1642,1692&2436/2022

                               4


             GOVERNMENT OF KERALA,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.

       3     DISTRICT COLLECTOR,
             ERNAKULAM, COLLECTORATE,
             CIVIL STATION, KAKKANADU,
             ERNAKULAM - 682 030.

       4     MARY RANI POPULAR NIDHI LTD.,
             SUBSIDIARY OF M/S. POPULAR FINANCE LTD.,
             HAVING ITS REGD. OFFICE AT XIII/526-E,
             POPULAR TOWER ANNEXE, VAKAYAR P.O.,
             PATHANAMTHITTA - 689 698,
             REPRESENTED BY ITS MANAGING DIRECTOR.

             R4 BY ADV C.S.MANU
             SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER


        THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
   ADMISSION ON 28.01.2022, THE COURT ON THE SAME       DAY
   DELIVERED THE FOLLOWING:
 WP(C)Nos.1642,1692&2436/2022

                                 5


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
     FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
                     WP(C) NO. 2436 OF 2022
   PETITIONER:

             SURESH KUMAR,
             AGED 47 YEARS,
             S/O. G. KESAVAN NAIR RESIDING AT SUMA NIVAS,
             NEAR TELEPHONE EXCHANGE, KALAMASSERY P.O.,
             KOCHI- 683 014.

             BY ADVS.
             P.G.JAYASHANKAR
             P.K.RESHMA (KALARICKAL)
             REVATHY P. MANOHARAN
             S.RAJEEV (K/001711/2019)
             SAJANA V.H


   RESPONDENTS:

       1     STATE OF KERALA,
             REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
             HOME DEPARTMENT,
             GOVERNMENT SECRETARIAT,
             TRIVANDRUM - 695 001.

       2     COMPETENT AUTHORITY,
             (UNDER SECTION 7 OF THE BANNING OF UNREGULATED
             DEPOSIT SCHEMES ACT, 2019),
             SECRETARY, HOME DEPARTMENT,
             GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.

       3     DISTRICT COLLECTOR,
             ERNAKULAM,
             COLLECTORATE, CIVIL STATION, KAKKANADU,
             ERNAKULAM - 682 030.
 WP(C)Nos.1642,1692&2436/2022

                               6


       4     M/S. SAAN POPULAR FINANCE LTD.
             HAVING ITS REGD. OFFICE AT XIII/577,
             POPULAR TOWER, VAKAYAR P.O.,
             PATHANAMTHITTA - 689 698,
             REPRESENTED BY ITS MANAGING DIRECTOR.

             R4 BY ADV. SRI. C.S.MANU
             SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER


        THIS WRIT PETITION (CIVIL) HAVING COME UP      FOR
   ADMISSION ON 28.01.2022, THE COURT ON THE SAME      DAY
   DELIVERED THE FOLLOWING:
 WP(C)Nos.1642,1692&2436/2022

                                     7




                           JUDGMENT

Dated this the 28th day of January, 2022 (WP(C)No.1642/2022, WP(C)No.1692/2022 & WP(C)No.2436/2022)

The petitioners have approached this Court seeking

to command respondents 1 to 3 to vacate the building of the

petitioners as expeditiously as possible.

2. The petitioners leased out their building to the 4 th

respondent, a private company engaged in the business of

non-banking financial services. After registration of a crime

against the 4th respondent under the provisions of the Kerala

Protection of Interests of Depositors in Financial Establishment

Act, 2013 and the Banning of Unregulated Deposit Schemes

Act, 2019 (BUDS Act), the District Collector locked down the

premises leased out by the petitioners to the 4 th respondent.

Investigation in respect of the crime allegedly committed by

the 4th respondent is going on.

3. The grievance of the petitioners is that the WP(C)Nos.1642,1692&2436/2022

petitioners have no business connection with the 4 th

respondent and they are only landlords of the building in which

Branches of the 4th respondent were functioning. Now, the

petitioners are not in a position to use their building. The

petitioners, therefore, seek to command the respondents to

release the vacant building to the petitioners within a time

frame.

4. Similar claims in respect of other landlords of

Popular Finance came up for consideration before this Court in

W.P.(C) No.3524/2021 and connected cases. This Court

directed the competent authority to handover possession of

the vacant buildings to the petitioners in those cases after

complying with the formalities under Sections 14 and 15 of the

BUDS Act. In view of the said judgment, these writ petitions

also can be disposed of on similar lines.

Accordingly, the writ petitions are disposed of

directing the 2nd respondent to handover vacant possession of

the buildings to the petitioners within a period of three months WP(C)Nos.1642,1692&2436/2022

from the date of receipt of a copy of this judgment after

complying with the formalities of Sections 14 and 15 of the

BUDS Act. The petitioners will be at liberty to approach the

District Collector with appropriate representation, if they have

any further grievance.

Sd/-

N. NAGARESH JUDGE SR WP(C)Nos.1642,1692&2436/2022

APPENDIX OF WP(C) 1642/2022

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF RECEIPTS DATED 13.04.2021 EVIDENCING THE PAYMENT OF BUILDING TAX PAID BY THE PETITIONER,

AND 756 (OLD NO. XX/378 C, D AND E Exhibit P2 A TRUE COPY OF THE LEASE AGREEMENT DATED 01.04.2019 EXECUTED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT Exhibit P3 A TRUE COPY OF THE ORDER BEARING NO.

                      DCEKM/8477/2020-B2    DATED   07.10.2020
                      ISSUED BY THE 3RD RESPONDENT
   Exhibit P4         A TRUE COPY OF THE LETTER ISSUED BY THE
                      3RD      RESPONDENT      BEARING     NO.

DCEKM/8477/20-B2 DATED 07.10.2020 Exhibit P5 A TRUE COPY OF THE LAWYER NOTICE SENT VIA EMAIL DATED 07.01.2022 ADDRESSED TO THE 2ND AND 3RD RESPONDENTS.

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 04.01.2022 IN WPC NO. 3524 OF 2021 OF THIS HON'BLE COURT WP(C)Nos.1642,1692&2436/2022

APPENDIX OF WP(C) 1692/2022

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE PARTNERSHIP DEED OF THE PETITIONER FIRM DATED 01.01.2015. Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER FIRM DATED 09.03.2016.

Exhibit P3 A TRUE COPY OF THE POWER OF ATTORNEY DATED 01.04.2015 EXECUTED BY THE PARTNERS OF THE FIRM IN THE NAME OF MR. JAFFAR.

Exhibit P4 A TRUE COPY OF THE BUILDING TAX RECEIPT DATED 30.06.2021 EVIDENCING THE PAYMENT OF BUILDING TAX PAID BY THE PETITIONER IN RESPECT OF BUILDING NO. 20/1577 OF KOCHI MUNICIPAL CORPORATION Exhibit P4(a) A TRUE COPY OF THE BUILDING TAX RECEIPT DATED 30.06.2021 EVIDENCING THE PAYMENT OF BUILDING TAX PAID BY THE PETITIONER IN RESPECT OF BUILDING NO. 20/1578 OF KOCHI MUNICIPAL CORPORATION Exhibit P5 A TRUE COPY OF THE LEASE AGREEMENT DATED 01.03.2020 EXECUTED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT. Exhibit P6 A TRUE COPY OF THE ORDER BEARING NO.

DCEKM/8477/2020 - B2 DATED 07.10.2020 ISSUED BY THE 3RD RESPONDENT Exhibit P7 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT BEARING NO.

DCEKM/8477/20 - B2 DATED 07.10.2020 Exhibit P8 A TRUE COPY OF THE LETTER DATED 08.01.2022 ADDRESSED TO THE 3RD RESPONDENT Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 04.01.2022 IN WPC NO. 3524 OF 2021 OF THIS HON'BLE COURT WP(C)Nos.1642,1692&2436/2022

APPENDIX OF WP(C) 2436/2022

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF PROPERTY TAX RECEIPT DATED 26.07.2021 EVIDENCING THE PAYMENT OF PROPERTY TAX PAID BY THE PETITIONER IN RESPECT OF BUILDING BEARING NO.5/68- A (OLD NO.IV/91-A) OF KALAMASSERY MUNICIPALITY Exhibit P2 A TRUE COPY OF THE LEASE AGREEMENT DATED 06.09.2019 EXECUTED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT Exhibit P3 A TRUE COPY OF THE ORDER BEARING NO.

                      DCEKM/8477/2020-B2     DATED   07.10.2020
                      ISSUED BY THE 3RD RESPONDENT
   Exhibit P4         A TRUE COPY OF THE LETTER ISSUED BY THE
                      3RD      RESPONDENT       BEARING     NO.

DCEKM/8477/20-B2 DATED 07.10.2020 Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 12.10.2021 FILED BY THE PETITIONER ADDRESSED TO THE CHIEF MINISTER OF KERALA Exhibit P5(a) A TRUE COPY OF THE SCREENSHOT OF THE ACKNOWLEDGMENT OF EXT P5 REPRESENTATION RECEIVED BY THE PETITIONER AS SMS Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 13.01.2022 IN WPC NO. 1063 OF 2022 OF THIS HON'BLE COURT

SR //TRUE COPY// PA TO JUDGE