Ramla vs State Of Kerala
2023 Latest Caselaw 731 Ker

W.P.(C) NO.29681 OF 2022              1




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
     THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                           WP(C) NO. 29681 OF 2022
PETITIONERS:

      1      RAMLA,
             AGED 64 YEARS
             W/O. MOHAMMED SALI RAWTHER, RESIDING AT KAITHAVANA,
             THAMARAKULAM P.O., PIN-690 530, ALAPPUZHA.
      2      SHAMEEN M.,
             AGED 42 YEARS, S/O. MOHAMMED SALI RAWTHER, RESIDING AT
             KAITHAVANA, THAMARAKULAM P.O., PIN-690 530, ALAPPUZHA.
             BY ADVS.
             A.MOHAMMED SAVAD
             ARUN BABU
             T.R.VISHNU


RESPONDENTS:

      1      STATE OF KERALA,
             REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, HOME
             DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
             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, ALAPPUZHA,
             1ST FLOOR, COLLECTORATE, ALAPPUZHA-688 001.
      4      M/S. SAAN POPULAR FINANCE PVT. LTD.,
             HAVING ITS REGISTERED OFFICE AT NO. 3/1831/6(B), 3RD
             FLOOR, HRIDYAM ARCADE, ASWINI JUNCTION, THRISSUR - 680
 W.P.(C) NO.29681 OF 2022           2

             022, REPRESENTED BY ITS MANAGING DIRECTOR.

OTHER PRESENT:

             ADV.K.R.RENJITH WITH AAG



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO.29681 OF 2022             3




                                 V.G.ARUN J.

                      -------------------------------------
                        W.P.(C) No.29681 of 2022
                       ---------------------------------
                 Dated this the 12th day of January 2023

                                JUDGMENT

The petitioners have leased out their building to M/s. Saan Popular

Finance Pvt. Ltd., a sister concern of M/s. Popular Finance. Based on

allegation that M/s. Popular Finance and its sister concerns had

defrauded depositors and investors, the police registered crimes against

those entities and the directors/partners. As part of the investigation,

the registers and computers of M/s. Popular Finance and its sister

concerns were attached and the buildings in which their offices were

functioning, including the petitioners' building, brought under lock and

key. The grievance raised in this writ petition is that, the leased out

premises are not returned to the petitioners' possession even after

completing the investigation.

2. Heard, learned Counsel for the petitioners and the learned

Government Pleader.

3. In order to explain the procedure adopted for releasing the

attached properties, learned Government Pleader drew attention to

paragraphs 2 to 4 of the 3rd respondent's counter affidavit extracted

hereunder;

"2. As per the issuance of the letter No.SC3/88/2020

dated 10/11/2021 from the competent Authority under BUDS

Act, issued an order to the District Collector for the

provisional attachment of the properties of M/s. Popular

Finance Company Ltd., and its allied institutions within the

district and to file an application with particulars of the

attachment effected before the Designated Court for making

the provisional attachment absolute.

3. In order to implement the order, 9 teams under the

leadership of Tahsildars were formed as per the proceedings

dated 16/12/2021 and inspection were conducted at 19

branches. The inspection teams in the presence of concerned

Station House Officers, opened the branches and seized gold

ornaments, cash, currency etc.kept in the branches and also

prepared an inventory list and mahazar of the items seized.

The seized valuable items were also kept in safe custody and

a report in this regard was sent by the inspection teams to

this office with supporting documents.

4. After the provisional attachment made, details of

valuable seized was given to the District Government Pleader

as letter dated 21/02/2022 to file an application before the

Designated Court to make the provisional attachment

absolute. Also the claim petitions received in respect of

M/s.Popular Finance Ltd, were forwarded to the Government

Pleader to file before the Designated Court."

In the light of the statements, the writ petition is disposed of,

directing the District Collector to pursue the application for lifting the

attachment over petitioners' property. So that orders can be obtained

and possession handed over to the petitioners within an outer limit of six

months.

Sd/-

V.G.ARUN

JUDGE dpk

APPENDIX OF WP(C) 29681/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RECEIPT DATED 13.01.2022 EVIDENCING THE PAYMENT OF BUILDING TAX PAID BY THE PETITIONERS, PERTAINING TO BUILDING NO. TP/XIII/347C.

Exhibit P2 TRUE COPY OF LEASE AGREEMENT DATED 13.11.2017 EXECUTED BETWEEN THE PETITIONERS AND THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF ORDER BEARING NO. DCALP/ 8493/ 2020-N5 DATED 16.10.2020 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF LAWYER NOTICE SENT VIA EMAIL DATED 31.08.2022 ADDRESSED TO THE 2ND AND 3RD RESPONDENTS.

Exhibit P5 TRUE COPY OF JUDGMENT DATED 04.01.2022 IN WP(C) NO. 1642 OF 2022 OF THIS HON'BLE COURT.