Thasna vs State Of Kerala
2023 Latest Caselaw 6055 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                      WP(C) NO. 18484 OF 2023
PETITIONER:

           THASNA
           AGED 37 YEARS
           W/O SANTHOSH KHAN, SANTHOSH MANZIL, NETTAYAM P.O.
           VELINALLOOR, KOTTARAKARA, PIN - 691537
           BY ADV A.R.DILEEP

RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
             DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001
     2       COMPETENT AUTHORITY UNDER BUDS ACT,
             ROOM NO.374, MAIN BLOCK, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001
     3       DISTRICT COLLECTOR
             KOLLAM, CIVIL STATION, KOLLAM, PIN - 691001
     4       REVENUE DIVISIONAL OFFICER
             KOLLAM, CIVIL STATION, KOLLAM, PIN - 691001
     5       TAHSILDAR
             TALUK OFFICE, KOTTARAKARA, PIN - 691506
     6       M/S POPULAR FINANCE PVT. LTD.
             POPULAR TOWER, VAKAYAR P.O., PATHANAMTHITTA
             DISTRICT, REP. BY ITS DEPUTY GENERAL MANAGER
             (LEGAL), PIN - 689698
OTHER PRESENT:

           SRI.K.R.RANJITH, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   09.06.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.18484 /2023

                                     2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.18484 of 2023
             ----------------------------------------------
            Dated this the 09th day of June, 2023


                             JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents 2 to 5 to release building Nos. 1603 & 1604 in Ward No. X of Velinelloor Grama Panchayath (now building No. 839 & 840) in 6.27 Ares of property in Re.Sy.No. 152/12/5 in Velinelloor village in Kottarakara Taluk to the petitioner and her husband; ii. direct the 2nd respondent to consider and pass orders on Ext. P4 submitted before him by the petitioner within such time as may be fixed by this Honourable Court;

iii. the petitioner also prays that this Honourable Court may be pleased to dispense with the translation of the documents produced in the vernacular language;

iv. issue such other order or direction as may be deemed fit in the interest of justice.

(SIC)

2. The main prayer in this writ petition is to issue WP(C).No.18484 /2023

direction to respondents 2 to 5 to release building Nos.1603 and

1604 in Ward No. X of Velinelloor Grama Panchayath (now building

Nos.839 & 840) in 6.27 Ares of property in Re.Sy.No. 152/12/5 in

Velinelloor Village in Kottarakara Taluk to the petitioner and her

husband. The submission is that the building was given to the 6 th

respondent Popular Finance Pvt. Ltd. The properties of Popular

Finance were taken over by the District Collector as per the

provisions of the Banning of Unregulated Deposit Schemes Act,

2019 (BUDS Act, 2019). Now the grievance of the petitioner is that

the vacant possession of the building is not given to the petitioner.

Hence this writ petition.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. When this writ petition came up for consideration,

the counsel for the petitioner submitted that in similar

circumstances, this Court issued directions to the competent

authority to consider similar grievances. The counsel

submitted that Ext.P5 is the judgment. A similar order may be

passed in this case is the submission.

5. After hearing both sides, I think this writ petition

can be disposed of in tune with the directions in Ext.P5. WP(C).No.18484 /2023

Therefore, this writ petition is disposed of in the

following manner:

1. The 2nd respondent is directed to consider Ext.P4

representation, as expeditiously as possible, at

any rate, within within three months from the

date of receipt of a stamped certified copy of this

judgment.

2. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the 2nd respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.18484 /2023

APPENDIX OF WP(C) 18484/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF LEASE AGREEMENT DATED 03.02.2014 EXECUTED BETWEEN THE PETITIONER AND HER HUSBAND ON ONE PART AND THE 6TH RESPONDENT ON THE OTHER PART Exhibit P2 A TRUE COPY OF BUILDING TAX RECEIPT NO. 65 IN BOOK NO. 23613 DATED 23.01.2023 OF VELINELLOOR GRAMA PANCHAYATH Exhibit P3 A TRUE COPY OF BUILDING TAX RECEIPT NO. 66 IN BOOK NO. 23613 DATED 23.01.2023 OF VELINELLOOR GRAMA PANCHAYATH Exhibit P4 A TRUE COPY OF REPRESENTATION DATED 30.05.2023 ALONG WITH POSTAL RECEIPT Exhibit P5 A TRUE COPY OF JUDGMENT DATED 04.01.2022 IN W.P.(C) NO. 3600/2021 AND CONNECTED CASES