Kochumman Geevarghese vs State Of Kerala
2023 Latest Caselaw 4893 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                      WP(C) NO. 13851 OF 2023
PETITIONER:

          KOCHUMMAN GEEVARGHESE
          AGED 78 YEARS
          S/O GEEVARGHESE, ALUVILAYIL AKS LAND, ODANAVATTOM P.O,
          ODANAVATTOM VILLAGE, KOTTARAKARA TALUK, KOLLAM
          DISTRICT, PIN - 691519
          BY ADV K.V.ANIL KUMAR


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME
           DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANDAPURAM,
           PIN - 695001
     2     THE DISTRICT COLLECTOR
           COLLECTORATE, KOLLAM, KOLLAM DISTRICT, PIN - 691013
     3     REVENUE DIVISIONAL OFFICER
           OFFICE OF THE REVENUE DIVISIONAL OFFICER, PUNALUR P.O.,
           KOLLAM DISTRICT, PIN - 691305
     4     THE TAHSILDAR
           TALUK OFFICE, KOTTARAKARA, KOLLAM DISTRICT, PIN -
           691506
     5     THE REGIONAL DIRECTOR
           CENTRAL BUREAU OF INVESTIGATION, ANTI-CORRUPTION
           BUREAU, KATHRIKADAVU, KALOOR, PIN - 682017
     6     THE STATION HOUSE OFFICER
           POOYAPPALLY POLICE STATION, KOLLAM DISTRICT, PIN -
           691537
     7     POPULAR FINANCE LIMITED
           REPRESENTED BY ITS MANAGING DIRECTOR. XII/526-E,
           POPULAR TOWER, VAKAYAR P.O, PATHANAMTHITTA DISTRICT,
           PIN - 689689

          SR.GP SMT. DEEPA NARAYANAN
          SRI. SREELAL WARRIER- FOR R5
    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.13851 of 2023
                                  2


                           JUDGMENT

Dated this the 13th day of April, 2023

The petitioner is the owner of a building bearing No.VP.III/100

of Veliyam Village, Veliyam Grama Panchayath. The building was let

out to Popular Finance Limited and its sister concerns. Criminal

action is initiated against the Popular Finance Limited and its sister

concerns under the Banning of Unregulated Deposit Schemes Act.

2. The grievance of the petitioner is that the Police have

seized the building occupied by the Popular Finance Limited or its

sister concerns and therefore the petitioner is seriously prejudiced

since no rent is paid and therefore, seeks appropriate direction to

release the room occupied by the said company. The petitioner also

relies upon the Ext.P4 judgment of this Court in W.P.(C) No.17266

of 2022 dated 10.11.2022.

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

Sri.K.V.Anil Kumar, learned Senior Government Pleader, Sri.Deepa

Narayanan and Sri.Sreeraj Warrier appearing for the 5 th respondent

ie., the Central Bureau of Investigation and perused the pleadings

and material on record.

4. In fact, when Ext.P4 judgment was rendered by this

Court, a competent authority was not appointed by the State W.P.(C) No.13851 of 2023

Government. Now, the Home Secretary is appointed as the

competent authority under the BUDS Act, to deal with every

situation against M/s Popular Finance Limited and its sister

concerns. In that view of the matter, the petitioner has to submit a

proper application before the Home Secretary, State of Kerala,

Thiruvananthapuram. Therefore, the liberty of the petitioner to file

suitable application seeking release of the building in question is left

open. If the petitioner makes any application, within three weeks

from the date of receipt of a copy of this judgment, it shall be

finalized within a period of three months and if no other adverse

situations are prevailing, the building shall be released to the

petitioner after removing the documents, if any, from the building

in question.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.13851 of 2023

APPENDIX OF WP(C) 13851/2023

PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF TAX RECEIPT DATED 01.02.2023 ISSUED FROM VELIYAM GRAMAPANCHAYATH Exhibit-P2 A TRUE COPY OF THE RENT AGREEMENT DATED 29.07.2019 BETWEEN PETITIONER AND THE 7TH RESPONDENT Exhibit-P3 A TRUE COPY OF FIR AND FIS IN CRIME NO.

1975 OF 2020 OF POOYAPPALLY POLICE STATION DATED 02.11.2020 Exhibit-P4 A TRUE COPY OF JUDGMENT IN W.P.(C) NO.

17266 /2022 DATED 10.11.2022 OF THIS HON'BLE COURT