Kerala High Court
Suresh Kumar vs State Of Kerala on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 11570 OF 2024
PETITIONER:
SURESH KUMAR
AGED 56 YEARS
S/O RAGHAVAN,
VAISHAKHAM,
NEAR SIVAN KOVIL JUNCTION,
ANAPPARA, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM, PIN - 695551
BY ADV.
M.R.SARIN
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR,
THIRUVANANTHAPURAM,
2ND FLOOR CIVIL STATION BUILDING,
CIVIL STATION ROAD,
THIRUVANANTHAPURAM, PIN - 695043
3 TAHSILDAR
TALUK OFFICE, REVENUE TOWER,
PAZHAVADI, NEDUMANAGAD,
THIRUVANANTHAPURAM, PIN - 695541
BY ADV.
K.R.RANJITH,
W.P(C) No. 11570 of 2024
2
OTHER PRESENT:
SRI. AJITH VISWANATHAN
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No. 11570 of 2024
3
JUDGMENT
Dated this the 23rd day of April, 2024
The petitioner is a landlord. The petitioner is highly
aggrieved by the non- consideration of Exhibits P4, P5 and P6
representations filed by the petitioner before respondents 1 to 3.
2. The petitioner is the absolute owner of the Shopping
complex formerly known as Popular Finance Complex situated in
property of 32 Sq. meter in Re-Survey No.625/2-6-10-2 and the
property of 43 Sq meter in Re-Survey No.625/2 including the
building situated in the property.
3. The petitioner's shopping complex consists of ground
floor which is a hall. It was rented to Popular Finance and 1st
floor consists of 5 shops. Shops are functioning in the said
building on monthly rent. The petitioner is making a living from
the monthly rent of the shops. Party offices, shops, Financial
Institutions are functioning in this building. A branch office of
Popular Finance Limited was also functioning in this building.
The High Court of Kerala in Crl.MC. No.4035/2020 issued
direction to register separate F.I.R's with respect to each and
every case pertaining to the deposits received by Popular
Finance and allied companies and directed the District Collectors
to issue orders directing closure of all branches of Popular
Finance Limited and it's allied institutions within the respective
revenue Districts forthwith and effect attachment of cash, gold
and other assets in the branches and other offices of those
financial establishment by virtue of powers vested under section
4 of the Kerala Protection of Interests of Depositors in Financial
Establishments Act, 2013.
4. As per Exhibits P1 and P2, the District Collector has
issued notice of proceedings of the District Collector,
Thiruvananthapuram and Competent Authority under section 4
or the Kerala Protection of Interests of Depositors in Financial
Establishments Act, 2013 on 19.10.2020 to close down all
branches of Popular Finance Limited and its allied institutions
within Thiruvananthapuram District. But instead of closing one of
the branches of Popular Finance Limited in the petitioner's
building the 3rd respondent has locked and sealed the entire
building. As a result of this, rest of the legally functioning
establishments of this building has also been close down since
19.10.2020 which cause great hardship and financial loss to the
petitioner.
5. A huge amount of electricity charges and water charges
are payable for this closed building complex. The building is
closed down for more than 3 years. It is cracked and weakened
due to non-maintenance. Aggrieved by this, petitioner has filed
representations Exhibits P4, P5 and P6 before the 1 to 3
respondents requesting to take further steps to open the all
shops in petitioner's building complex and pay amount of loss to
the petitioner. But no action has been taken yet. Hence, the
petitioner has filed this writ petition.
6. I have heard the learned counsel for the petitioner and
the learned Government Pleader representing the respondent.
7. It is evident from the letter No.SC3/86/2022/Home dated
11.08.2023 of the Joint Secretary (Competent Authority and
Secretary to Government) that the Government has ordered that
all the rented buildings of the firms under provisional attachment
may be handed over to the building owners after ensuring the
safe custody of the properties attached by completing the
procedures stipulated for filing application under Section 14 of
the the Banning of Unregulated Deposit Schemes Act, 2019,
within the time limit itself. The Government has also found that
unnecessarily leading them to litigation may be avoided as far
as possible and wherever the firms are functioning at its own
building, the properties attached in other branches if any, may be
shifted thereto also.
8. Taking into consideration the afore facts, I am of the
view that the 2nd respondent shall decide the matter adverting to
the communication dated 11.08.2023 of the Joint Secretary,
Home (SC) Department.
The writ petition is therefore disposed of directing the 2 nd
respondent to consider Ext.P5 representation of the petitioner
and take appropriate decision thereon, expeditiously with notice
to the petitioner and after hearing the petitioner, within a period
of three months, in the light of the communication dated
11.08.2023 of the Competent Authority and Secretary to
Government.
Sd/-
N.NAGARESH
JUDGE
Jka/23.04.24.
APPENDIX OF WP(C) 11570/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMMON JUDGEMENT IN
WRIT PETITION NO 18199/2020 AND
CONNECTED CASES DATED 23.11.2020
Exhibit P2 THE TRUE COPY OF THE ORDER IN CRL. M.C
4035/2020 DATED 16.12.2020
Exhibit P3 THE TRUE COPY OF THE NOTICE OF ORDER
ISSUED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM DATED 19.10.2020
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION
FILEDBY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 30.10.2023
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 30.10.2023
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT DATED 30.10.2023
