Kerala High Court
John P George vs State Of Kerala on 27 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944
WP(C) NO. 271 OF 2023
PETITIONER:
JOHN P GEORGE
AGED 58 YEARS, S/O. GEORGE JOHN,
PUTHEN VEETTIL, LINK ROAD, KAYAMKULAM,
ALAPPUZHA DISTRICT., PIN - 690502
BY ADV A.SHAFEEK (KAYAMKULAM)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM , THE COMPETENT AUTHORITY UNDER
BANNING OF UNREGULATED DEPOSIT SCHEMES ACT (BUDS).,
PIN - 695001
2 THE DISTRICT COLLECTOR
FIRST FLOOR, COLLECTORATE,
ALAPPUZHA, PIN - 688001
3 THE THAHASILDAR
KARTHIKAPPALLY TALUK, 3RD FLOOR,
REVENUE TOWERS, HARIPPAD, PIN - 690514
4 THE SUPERINTENDENT OF POLICE
CENTRAL BUREAU OF INVESTIGATION,
ANTI-CORRUPTION BEUREAU, KAHTRIKADAVU,
KALOOR, KOCHI, PIN - 682017
5 5) M/S. MARY RANI POPULAR NIDHI LTD
XIII/526-E, POPULAR TOWER ANNEXE, VAKAYAR PO,
PATHANAMTHITTA , REPRESENTED BY ITS MANAGING DIRECTOR
DR. RINU MARIYAM THOMAS., PIN - 689698
BY ADV GOVERNMENT PLEADER
R1 TO 4 -SMT.DEEPA.N,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.271 of 2023
2
JUDGMENT
Dated this the 27th day of January, 2023
The petitioner is the owner in possession of a building in
Kayamkulam Village with building No.36/45N. A portion of the
said building was let out to the 5th respondent, ie., M/s.Mary
Rani Popular Nidhi Ltd. Later several cases were registered
against the 5th respondent under the provisions of Kerala
protection of interest of depositors in financial establishments
Act, 2013; the business establishments are closed down and
the investigation is going on. The case projected by the
petitioner is that under similar circumstances owners of
buildings have approached this Court and they have secured
directions to the District Collector, Alappuzha to provide free
and vacant possession of the buildings. Therefore seeks a
similar direction.
2. I have heard the learned counsel for the petitioner,
Sri.A.Shafeek and the learned Senior Government Pleader,
Smt.Deepa N and perused the pleadings and materials on
record.
W.P.(C) No.271 of 2023
3. On a perusal of the documents produced along with
the writ petition, I am satisfied that in W.P(C)s 3600/2021,
3524/2021, 3979/2021, 4018/2021, 4698/2021,6244/2021
directions were issued by this Court to the District Collector,
Alappuzha to grant vacant possession of the building to the
owners. There is no objections to the State and its officials in
passing a similar order.
In that view of the matter, I think it is only appropriate
that this writ petition is also disposed of directing the District
Collector, Alappuzha to grant vacant possession of the building
in question to the petitioner. Accordingly, there will be a
direction to the District Collector, Alappuzha to grant vacant
possession of the building in question to the petitioner at the
earliest, and at any rate, within three months from the date of
receipt of a copy of this judgment.
Sd/-
SHAJI P. CHALY
JUDGE
AP
W.P.(C) No.271 of 2023
APPENDIX OF WP(C) 271/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT FOR THE PERIOD
2022-23 DATED 16/4/2022 WITH REGARD TO THE
PROPERTY OF THE PETITIONER BEARING
THANDAPER NO. 29191 OF KAYAMKULAM VILLAGE
Exhibit P2 TRUE COPY OF THE LEASE AGREEMENT DATED
10/7/2019 THUS ENTERED BETWEEN THE
PETITIONER AND M/S. MARY RANI POPULAR NIDHI
LTD.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
6/12/2022 THUS SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE ACKNOWLEDGMENT CARD
EVIDENCING THE RECEIPT OF EXT. P3 ON
7/12/2022
Exhibit P5 TRUE COPY OF THE ORDER GIVING INSTALMENT
FACILITY BY THE KERALA STATE ELECTRICITY
BOARD FOR THE ABOVE BUILDING
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 4/1/2022
THUS PASSED BY THIS HON'BLE COURT IN W.P.
(C). NO. 3600/2021 AND CONNECTED CASES
