Prejith K.K vs State Of Kerala
2022 Latest Caselaw 478 Ker

Citation : 2022 Latest Caselaw 478 Ker
Judgement Date : 13 January, 2022

Kerala High Court

Prejith K.K vs State Of Kerala on 13 January, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 13TH DAY OF JANUARY 2022/23RD POUSHA, 1943
                      WP(C) NO. 1063 OF 2022


PETITIONER:

         PREJITH K.K., AGED 39,
         S/O LATE KARTHIKEYAN,
         PATTUPARAMBIL HOUSE,
         PYARRY JUUNCTION,
         KOCHI - 682 005, PIN - 682 005.

         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.

    4    POPULAR NIDHI LTD., SUBSIDIARY OF
         M/S. POPULAR FINANCE LTD., HAVING ITS
         REGD. OFFICE AT XIII/526-1,
         POPULAR TOWER ANNEXE, VAKAYAR P.O.,
 WP(C)No.1063/2022

                            2



          PATHANAMTHITTA - 689 698,
          REPRESENTED BY ITS MANAGING DIRECTOR.

          SRI.APPU P.S., G.P.
          ADV C.S.MANU

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.1063/2022

                                3




                          JUDGMENT

Dated this the 13th day of January, 2022

The petitioner, who is owner of the building at Pyary

Junction, Thoppumpady, Kochi, has approached this Court

seeking to command respondents 1 to 3 to vacate the

building of the petitioner as expeditiously as possible.

2. The petitioner leased out first floor of his building

bearing No.18/2447-A of Corporation of Kochi to the 4 th

respondent for running their Branch Office. After

registration of a crime against the 4 th respondent under the

provisions of the Kerala Protection of Interest of Depositors

in Financial Establishment Act, 2013 and the Banning of

Unregulated Deposits Schemes Act, 2019, (BUDS Act), the

District Collector locked down the premises leased out by

the petitioner to the 4th respondent. Investigation in respect WP(C)No.1063/2022

of the crime allegedly committed by the 4th respondent is

going on.

3. The grievance of the petitioner is that the

petitioner has no business connection with the 4 th

respondent and he is only landlord of the building in which a

Branch of the 4th respondent was functioning. Now, the

petitioner is not in a position to use his building. The

petitioner therefore seeks to command the respondents to

release the vacant building to the petitioner within a time

frame.

4. Similar claims in respect of other landlords of

Popular Finance came up for consideration before this

Court in WP(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

judgment, this writ petition also can be disposed of on

similar lines.

Accordingly, the writ petition is disposed of directing

the 2nd respondent to handover vacant possession of the

building to the petitioner within a period of three months

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

complying the formalities of Sections 14 and 15 of the

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

District Collector with appropriate representation, if there is

any further grievance.

Sd/-

APPENDIX OF WP(C) 1063/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF RECEIPT DATED 31.03.2021 EVIDENCING THE PAYMENT OF PROPERTY TAX PAID BY THE PETITIONER Exhibit P2 A TRUE COPY OF THE LEASE AGREEMENT DATED 25.09.2014 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 COPYOF THE LETTER ISSUED BY THE 3RD RESPONDENT BEARING NO.DCEKM/8477/20-B2 DATED 07.10.2020. Exhibit P5 A TRUE COPY OF THE LETTER DATED 28.10.2020 ADDRESSED TO THE 3RD RESPONDENT Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 04.01.2022 IN WP(C)NO.3524 OF 2021 OF THIS HON'BLE COURT.