Kerala High Court
Moran Mor Baselios Cleemis Catholicos vs State Of Kerala on 1 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 3998 OF 2024
PETITIONER:
MORAN MOR BASELIOS CLEEMIS CATHOLICOS
MAJOR ARCH BISHOP, CATHOLICOSE OF THE
MAJOR ARCH DIOCESE OF THIRUVANANTHAPURAM
REPRESENTED BY POWER OF ATTORNEY HOLDER
DR. THOMASKUTTY, AGED 69 YEARS, S/O KOSHY
GEEVARGHESE, PANACHAKAL, 303, SHARON
GARDENS, KOTTAMUKAL, NALANCHIRA,
THIRUVANANTHAPURAM, PIN - 695015
BY ADV.
SRI.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 - 695001
3 DISTRICT COLLECTOR, KOLLAM,
CIVIL STATION, KOLLAM, PIN - 691001
4 REVENUE DIVISIONAL OFFICER, PUNALUR
CIVIL STATION, PUNALUR, PIN - 691305
5 THAHSILDAR, PATHANAPURAM
KOLLAM DISTRICT, PIN - 689695
6 M/S SAANS POPULAR FINANCE PRIVATE LTD
# NO.3/1831/6(B), 3RD FLOOR, HRIDAYAM ARCADE,
ASWINI JUNCTION, THRISSUR, PIN - 680022
REPRESENTED BY ITS MANAGING DIRECTOR
BY ADVS.
K.R.RANJITH - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.3998 of 2024
:2:
JUDGMENT
When this matter was called today, Sri.K.R.Ranjith - learned
Senior Government Pleader, submitted that the 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. He pointed out to
the order of the Government, numbered as SC3/204/2022/Home
dated 20.06.2023, in substantiation.
2. Sri.K.R.Ranjith then offered that, if the petitioner accepts,
then the building owned by him can be released not later than two
months from today. He 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.A.R.Dileep - 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.
In the afore circumstances, I order this writ petition,
recording the submissions of the learned Government Pleader, that
the building of the petitioner will be given vacant possession to him
not later than 05.04.2024.
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
anm
APPENDIX OF WP(C) 3998/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF DEED OF LICENSE DATED
04.12.2019 EXECUTED BETWEEN THE
PETITIONER AND THE 6TH RESPONDENT
Exhibit P2 A TRUE COPY OF BUILDING TAX RECEIPT NO.
6033211004363 DATED 15.01.2024 OF ANCHAL
GRAMA PANCHAYAT
Exhibit P3 A TRUE COPY OF REPRESENTATION DATED NIL
SUBMITTED BEFORE THE 2ND RESPONDENT
Exhibit P4 A TRUE COPY OF JUDGMENT DATED 10.10.2023
IN W.P.(C) NO. 33183 OF 2023 OF THE
HONOURABLE HIGH COURT
RESPONDENTS' EXHIBITS : NIL.
