Kerala High Court
T.C. Sebastian vs State Of Kerala on 23 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
W.P.(C) NO.20523 OF 2023
PETITIONER:
T.C. SEBASTIAN,
AGED 80 YEARS, S/O. LATE CHUMMAR,
RESIDING AT THAYANKERY HOUSE,
EDAPPALLY TOLL, POOKKATTUPADI ROAD,
EDAPPALLY, ERNAKULAM-682 024.
BY ADVS.
P.G.JAYASHANKAR
P.K.RESHMA (KALARICKAL)
S.RAJEEV (K/001711/2019)
SAJANA V.H.
SHAIJU GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM-695 001.
2 STATE OF KERALA
ERNAKULAM, COLLECTORATE, CIVIL STATION,
KAKKANADU, ERNAKULAM-682 030.
3 M/S. SAAN POPULAR FINANCE PVT. LTD.
HAVING ITS REGD. OFFICE AT NO. 3/1831/6(B),
3RD FLOOR, HRIDAYAM ARCADE,
ASWINI JUNCTION, THRISSUR-680 022.
R1&R2 SMT. VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C) NO.20523 OF 2023
P.V. KUNHIKRISHNAN, J.
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W.P.(C) No.20523 of 2023
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Dated this the 23rd day of June, 2023
JUDGMENT
The petitioner is aggrieved because the 1st respondent is not
taking appropriate action and handing over the vacant
possession of the property of the petitioner which was taken over
under the Banning of Unregulated Deposit Schemes Act, 2019.
The petitioner relied Ext.P5 judgment of this Court. It is
submitted that when Ext.P6 consequential order was passed after
Ext.P5 judgment, the petitioner is excluded. Hence this writ
petition.
2. Heard the Counsel for the petitioner, the Government
Pleader appearing for respondents 1 and 2 and the Counsel
appearing for the 3rd respondent.
3. After hearing both sides and also after going through
Exts.P5 and P6, I am of the considered opinion that the petitioner
has to approach the competent authority with appropriate
representation and if such a representation is filed, there can be
a direction to the competent authority to consider the same.
W.P.(C) NO.20523 OF 2023
Therefore, this writ petition is disposed of with the following
directions:
i) The petitioner is free to submit a representation narrating the
grievances raised in the writ petition before the 1 st respondent
within one week from the date of receipt of a copy of this
judgment.
ii) Once such a representation along with a copy of this writ
petition is received, the 1st respondent will consider the same and
pass appropriate orders in it, as expeditiously as possible, at any
rate, within two months from the date of receipt of such
representation.
Sd/-
P.V. KUNHIKRISHNAN
JUDGE
bpr
W.P.(C) NO.20523 OF 2023
APPENDIX OF WP(C) 20523/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE LEASE AGREEMENT DATED
27.09.2018 EXECUTED BY THE PETITIONER
WITH THE 3RD RESPONDENT
Exhibit P2 A TRUE COPY OF THE TAX RECEIPT DATED
31.05.2023 EVIDENCING THE PAYMENT OF LAND
TAX BY THE PETITIONER
Exhibit P3 A TRUE COPY OF THE ORDER BEARING NO.
DCEKM/8477/2020-B2 DATED 07.10.2020
ISSUED BY THE 2ND RESPONDENT
Exhibit P4 A TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT BEARING NO. DCEKM/8477/20-
B2 DATED 07.10.2020
Exhibit P5 A TRUE COPY OF THE JUDGEMENT DATED
04.01.2022 IN WP(C) NO. 3524 OF 2021 OF
THIS HON'BLE COURT
Exhibit P6 A TRUE COPY OF THE ORDER BEARING NO.
DCEKM/3080/2023-M2 DATED 08.05.2023
ISSUED BY THE 2ND RESPONDENT
