Anitha Sheela Vinod vs State Of Kerala
2023 Latest Caselaw 9968 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                      WP(C) NO. 30377 OF 2023
PETITIONER:
           ANITHA SHEELA VINOD AGED 62 YEARS, W/O. VINOD WINSTON,
           "SHARON", KANAKA NAGAR, KOWDIAR, TRIVANDRUM, KERALA-
           695003 REPRESENTED BY THE POA HOLDER AJITH WILLS NIRMAL
           B S/O. BOEL WILLIAM AGED 64 YEARS, RESIDING AT TC
           11/1575(2), PEARL GARDEN, YMR JUNCTION, KOWDIAR,
           THIRUVANANTHAPURAM, PIN - 695003

          BY ADVS.
          A.CHANDRA BABU
          V.RAJEEV KUMAR


RESPONDENTS:
     1     STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,
           HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-, PIN - 685001

    2     THE DISTRICT COLLECTOR (COMPETENT OFFICER)2ND FLOOR ,
          CIVIL STATION BUILDING, KUDAPPANAKKUNNU, TRIVANDRUM
          DISTRICT, PIN - 695043

    3     THE TAHSILDAR TALUK OFFICE , KATTAKKADA, KULATHMMAL ,
          THIRUVANANTHAPURAM, PIN - 695572

    4     SAAN POPULAR FINANCE PRIVATE LIMITED REPRESENTED BY ITS
          MANAGING DIRECTOR DR. RIA ANN THOMAS AGED ABOUT 34
          YEARS D/O. THOMAS DANIEL HAVING ITS REGD OFFICE AT
          NO.3/1831/6(B), 3RD FLOOR, HRIDAYAM ARCADE ASWINI
          JUNCTION, THRISSUR, KERALA, PIN - 680022

    5     THE COMPETENT AUTHORITY AS PER SECTION 7 OF BANNING OF
          UNREGULATED DEPOSIT SCHEMES ACT (BUDS) - SECRETARY,
          HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 685001

    6     THE CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY THE
          INVESTIGATING OFFICER, KATHRIKADAVU, KALOOR, ERNAKULAM,
          PIN - 682017

          SMT. VIDYA KURIAKOSE, GP
 WP(C) NO. 30377 OF 2023
                                      2


      THIS     WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON    18.09.2023,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 30377 OF 2023
                                  3


                               JUDGMENT

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

learned Government Pleader, submitted that 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

SC3/86/2022/Home dated 27.12.2022, in substantiation.

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

accepts, then the building owned by her 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.V.Rajeev Kumar - 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.

WP(C) NO. 30377 OF 2023

In the afore circumstances, I order this writ petition,

recording the submission of the learned Government Pleader

that the building of the petitioner will be given vacant

possession to her not later than 15.12.2023.

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 stu WP(C) NO. 30377 OF 2023

APPENDIX OF WP(C) 30377/2023 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 08.04.2023 PAID BY THE PETITIONER

Exhibit P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 24.03.2023 ISSUED BY THE KATTAKKADA GRAMA PANCHAYAT

Exhibit P3 TRUE COPY OF THE LEASE AGREEMENT DATED 10.07.2018 EXECUTED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT

Exhibit P4 TRUE COPY OF THE PAYMENT RECEIPT DATED 27.12.2022

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 25.07.2023 SUBMITTED TO THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF THE ACKNOWLEDGEMENT CARD

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 25.07.2023 SUBMITTED TO THE 3RD RESPONDENT

Exhibit P8 TRUE COPY OF THE ACKNOWLEDGEMENT CARD

Exhibit P9 TRUE COPY OF THE JUDGEMENT DATED 04.01.2022 IN WPC NO.3600/2021 BY THIS HON`BLE COURT