Gopakumar G vs The District Collector
2023 Latest Caselaw 13233 Ker

Kerala High Court

Gopakumar G vs The District Collector on 15 December, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
                      WP(C) NO. 42255 OF 2023
PETITIONER:

             GOPAKUMAR G
             AGED 54 YEARS, S/O GOPINATHAN PILLAI,
             KRISHNASADANAM, CHERUSSERIBHAGOM,
             CHAVARA, KOLLAM, PIN - 691583
             BY ADV.
             SRI.PRAVEEN K. JOY

RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             KOLLAM DISTRICT, CIVIL STATION ROAD,
             KOLLAM, PIN - 691013
     2       THE REVENUE DIVISIONAL OFFICER
             PUNALUR, KALAYANAD, PUNALUR,
             KOLLAM, PIN - 691331
     3       THE DISTRICT POLICE CHIEF
             OFFICE OF THE DISTRICT POLICE
             CHIEF HEAD QUARTERS, KOLLAM RURAL,
             KOLLAM, PIN - 691001
     4       K-CHERY CHITS PVT. LTD
             PANAMKUTTYMALA, PUNALUR,
             KOLLAM, PIN - 691305
             REP. BY ITS MANAGING DIRECTOR
             BY ADV.
             SMT.VIDYA KURIAKOSE - GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.12.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.42255 of 2023
                                :2:




                           JUDGMENT

When this matter was called today, Smt.Vidya Kuriakose -

learned Government Pleader, submitted that the Government of

Kerala has already instructed all competent Authorities under the

Banning of Unregulated Deposit Schemes Act, 2019 ('BUDS Act',

for short) to handover vacant possession of the buildings involved

in their investigation within certain time frames. She pointed out to

the order of the Government, numbered as SC3/204/2022/Home

dated 20.06.2023, in substantiation.

2. Smt.Vidya Kuriakose then offered that, if the petitioner

accepts, then the building owned by him can be released not later

than three months from today. She explained that this is the

minimum period required for completion of the investigation, or for

removal of the articles to another location; and prayed that this

writ petition be ordered on such terms.

3. Sri.Praveen K.Joy - learned counsel for the petitioner,

accepted the afore offer; however, praying that, if the respondents

are to overstay in the building, then necessary protectional

provisions may also be incorporated in this judgment.

In the afore circumstances, I order this writ petition,

recording the submissions of the learned Government Pleader, that

the building of the petitioner will be given vacant possession to him

not later than 04.03.2024.

I make it clear that should the respondents, however, hold

possession of the building beyond the afore time, they will be

obligated to pay occupation charges at the prevalent rate to the

petitioner for all such time.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm

APPENDIX OF WP(C) 42255/2023

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 26.04.2022 Exhibit P2 TRUE PHOTOCOPY OF THE INTERNET GENERATED RECEIPT FOR THE PROPERTY TAX DATED 12.12.2023 Exhibit P3 TRUE PHOTOCOPY OF THE RENT AGREEMENT DATED 05.04.2022 Exhibit P4 TRUE PHOTOCOPY OF THE ORDER NO. TAX-

C3/113/2023 ISSUED BY THE UNDER SECRETARY FOR ADDITIONAL CHIEF SECRETARY DATED 17.11.2023 Exhibit P5 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 6244/2021 AND CONNECTED CASES DATED 04.01.2022 Exhibit P6 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 11.12.2023

RESPONDENTS' EXHIBITS : NIL.