Kerala High Court
Shajahan.A vs District Collector (Competent ... on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 8224 OF 2022
PETITIONER:
SHAJAHAN.A.,
AGED 50 YEARS
MALIKKILIVILAKATHU VEEDU, VIZHINJAM-695 521, TRIVANDRUM.
BY ADVS.
VIJAYAKUMARI
SANGEETH T.S.
RESPONDENTS:
1 DISTRICT COLLECTOR (COMPETENT OFFICER),
COLLECTORATE, TRIVANDRUM DISTRICT, TRIVANDRUM.
2 THAHASILDAR,
MINI CIVIL STATION, NEYYATTINKARA, TRIVANDRUM-695 121.
3 M/S. MARY RANI POPULAR NIDHI LTD.,
HAVING ITS REGISTERED OFFICE AT XIII/526 E,
POPULAR TOWER ANNEXE, VAKAYAR P.O.,
PATHANAMTHITTA DISTRICT, PIN-689 698,
REPRESENTED BY ITS MANAGING DIRECTOR,
DR.RINU MARIAM THOMAS, D/O.THOMAS DANIEL,
INDIKATTIL HOUSE, VAKAYAR, PATHANAMTHITTA-689 698.
4 SHO, VIZHINJAM POLICE STATION,
VIZHINJAM, TRIVANDRUM DISTRICT,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
5 CENTRAL BUREAU OF INVESTIGATION,
REPRESENTED BY THE INVESTIGATING OFFICER,
KADAVANTHRA, ERNAKULAM.
BY ADV MANU S., ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, ALONG WITH WP(C).8506/2022, 8225/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.8224 OF 2022 & con. Cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 8225 OF 2022
PETITIONER:
CHANDRAN NAIR.K.,
AGED 55 YEARS
KARTHIKA, MALAYINKIL P.O., TRIVANDRUM-695 571.
BY ADVS.
VIJAYAKUMARI
SANGEETH T.S.
RESPONDENTS:
1 DISTRICT COLLECTOR, (COMPETENT OFFICER),
COLLECTORATE, TRIVANDRUM DISTRICT, TRIVANDRUM.
2 THAHASILDAR, MINI CIVIL STATION,
KATTAKADA, TRIVANDRUM.
3 M/S. MARY RANI POPULAR NIDHI LTD.,
HAVING ITS REGISTERED OFFICE AT XIII/526 E,
POPULAR TOWER ANNEXE, VAKAYAR P.O.,
PATHANAMTHITTA DISTRICT, PIN-689 698,
REPRESENTED BY ITS MANAGING DIRECTOR,
DR.RINU MARIAM THOMAS, D/O.THOMAS DANIEL,
INDIKATTIL HOUSE, VAKAYAR P.O., PATHANAMTHITTA-
689 698.
4 SHO, MALAYINKIL POLICE STATION,
TRIVANDRUM DISTRICT.
5 CENTRAL BUREAU OF INVESTIGATION,
REPRESENTED BY THE INVESTIGATING OFFICER,
KADAVANTHRA, ERNAKULAM.
BY ADV MANU S., ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2022, ALONG WITH WP(C).8224/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.8224 OF 2022 & con. Cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 8506 OF 2022
PETITIONER:
G. SETHUKUMARAN NAIR, AGED 78 YEARS
RADHANIVAS, PONHUMOODU, KOOVALASSERY P.O,
TRIVANDRUM 695 512.
BY ADVS.
VIJAYAKUMARI
SANGEETH T.S.
RESPONDENTS:
1 DISTRICT COLLECTOR (COMPETENT OFFICER),
COLLECTORATE , TRIVANDRUM DISTRICT, TRIVANDRUM-
695 001
2 THAHASILDAR/EXECUTIVE MAGISTRATE,
KATTAKADA, TRIVANDRUM.
3 M/S. MARY RANI POPULAR NIDHI LTD.,
HAVING ITS REGISTERED OFFICE AT XIII/526 E,
POPULAR TOWER, PIN 689 698,
REPD. BY ITS MANAGING DIRECTOR,
DR. RINU MARIAM THOMAS , D/O. THOMAS DANIEL,
INDIKATTIL HOUSE, VAKAYAR, PATHANAMTHITA 689 698.
4 SHO, MRANALLOOR POLICE STATION,
TRIVANDRUM DISTRICT-695 126
5 CENTRAL BUREAU OF INVESTIGATION,
REPD. BY THE INVESTIGATING OFFICER, KADAVANTHRA,
ERNAKULAM-682 020
SRI. APPU P.S. - G P
BY ADV S.MANU - ASGI - R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2022, ALONG WITH WP(C).8224/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.8224 OF 2022 & con. Cases
4
JUDGMENT
[WP(C) Nos.8224/2022, 8225/2022,8506/2022]
Dated this the 24th day of March, 2022
The petitioners have approached this Court seeking to
direct the 1st respondent to give back the possession of
Rooms covered by Exhibit P1 to the petitioners.
2. The petitioners leased out their buildings to the 3 rd
respondent, a private company engaged in the business of
non-banking financial services. After registration of a crime
against the Popular Finance 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
authorities locked down the premises leased out by the
petitioners to the 3rd respondent. Investigation in respect of the
crime allegedly committed by Popular Finance is going on.
WP(C) NO.8224 OF 2022 & con. Cases
3. The grievance of the petitioners is that the petitioners
have no business connection with the 3rd respondent and they
are only landlords of the buildings in which Branches of the 3rd
respondent were functioning. Now, the petitioners are not in a
position to use their buildings. The petitioners, therefore, seek
to command the respondents to release the vacant rooms 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 1st respondent to handover vacant possession of the
Rooms covered by Ext.P1 to the petitioners within a period of
WP(C) NO.8224 OF 2022 & con. Cases
three months 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
hmh
WP(C) NO.8224 OF 2022 & con. Cases
APPENDIX OF WP(C) 8224/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT
EXECUTED IN BETWEEN THE PETITIONER AND
THE 3RD DATED 28.10.2017.
Exhibit P2 TRUE COPY OF THE MAHAZAR DATED
06.01.2022 PREPARED BY THE 2ND
RESPONDENT.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
25.10.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS NIL
WP(C) NO.8224 OF 2022 & con. Cases
APPENDIX OF WP(C) 8225/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT
EXECUTED IN BETWEEN THE PETITIONER AND
THE 3RD RESPONDENT 19.05.2017.
Exhibit P2 TRUE COPY OF THE MAHAZAR DATED
10.01.2022 PREPARED BY THE VILLAGE
OFFICER, MALAYINKIL ON BEHALF OF THE
2ND RESPONDENT DATED 10.01.2022.
RESPONDENT'S EXHIBITS NIL
WP(C) NO.8224 OF 2022 & con. Cases
APPENDIX OF WP(C) 8506/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT
EXECUTED IN BETWEEN THE PETITIONER AND
THE 3RD DATED 21.02.2017.
Exhibit P2 TRUE COPY OF THE MAHAZAR DATED
13.01.2022 PREPARED BY THE DEPUTY
TAHASILDAR, KATTAKADA ON BEHALF OF THE
2ND RESPONDENT.
RESPONDENT'S EXHIBITS NIL
