V.C. Saju vs The District Collector
2024 Latest Caselaw 15431 Ker

Citation : 2024 Latest Caselaw 15431 Ker
Judgement Date : 5 June, 2024

Kerala High Court

V.C. Saju vs The District Collector on 5 June, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                        WP(C) NO. 19845 OF 2024
PETITIONER/S:

    1     V.C. SAJU
          AGED 50 YEARS
          S/O. CHACKO,VARANGALAKKUZHIYIL HOUSE, MUVATTUPUZHA
          P.O., MUVATTUPUZHA TALUK, ERNAKULAM - 686661 (AADHAAR
          CARD NO. 6748 6901 3519), REPRESENTED BY HIS POWER OF
          ATTORNEY HOLDER MRS. SEENA RAJAN, AGED 51 YEARS, W/O.
          RAJAN MATHEW, PATAYATTY HOUSE, ANGAMALI P.O., ALUVA
          TALUK, ERNAKULAM-683572. (AADHAAR CARD NO. 5949 9763
          1709), PIN - 686661

    2     MARY CHACKO
          AGED 80 YEARS
          W/O. LATE CHACKO, VARANGALAKKUZHI HOUSE, MUVATTUPUZHA
          P.O., MUVATTUPUZHA TALUK, ERNAKULAM (AADHAAR CARD NO.
          3422 5323 2023), PIN - 686661

          BY ADV JOBY CYRIAC


RESPONDENT/S:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN -
          682030

    2     DEPUTY TAHASILDAR
          TALUK OFFICE, MUVATTUPUZHA, ERNAKULAM, PIN - 682311

    3     THE COMPETENT AUTHORITY AS PER SEC. 7 BANNING OF
          UNREGULATED DEPOSITS SCHEMES (BUDS) ACT - SECRETARY
          HOME DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT
          SECRETRIAT, THIRUVANANTHAPURAM, PIN - 695001

    4     CENTRAL BUREAU OF INVESTIGATION
          KALOOR, KOCHI, REP. BY ITS REGIONAL DIRECTOR., PIN -
          682017

    5     STATION HOUSE OFFICER
          MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA P.O., PIN -
          686661
 W.P (C) No.19845/2024             -2-

      6      MARY RANI
             POPULAR NIDHI LTD., XIII/526-E, POPULAR TOWER ANNEXURE,
             VAKAYAR P.O., KONNI P.O., PATHANAMTHITTA, PIN - 689698


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.19845/2024                 -3-

                              JUDGMENT

The petitioners had leased out a building to the 6 th respondent namely

'Mary Rani Popular Nidhi Ltd.' On account of certain proceedings initiated

against the Popular Group of companies under the provisions of the Banning

of Unregulated Deposit Schemes Act, 2019, the 5 th respondent sealed the

premises. According to the petitioners, the building of the petitioners is not

liable to attachment, as the relationship between the petitioners and the 6 th

respondent was that of lessor and lessee.

2. The learned counsel appearing for the petitioners submits that

despite approaching the 1st respondent as also the officials of the Central

Bureau of Investigation (to which agency the investigation of the criminal

cases registered against the Popular Group and its directors has been

transferred), the petitioners are unable to get vacant possession of the

building in question.

3. The learned Government Pleader, on instructions, would submit

that there have been similar issues in various districts. It is submitted that

the 3rd respondent has authorized District Collector in each district to take

decisions regarding handing over of premises such as those belonging to the

petitioners. It is submitted that this Court had already considered similar

matters in W.P (C) No.18699/2021 and W.P (C) No. 3600/2021 and the

matter can be considered by the 1 st respondent in the light of the directions

contained in the aforesaid judgments.

4. The learned Standing Counsel appearing for the 4 th respondent,

would submit that it has to be clearly established that the relationship

between the petitioners and the 6 th respondent is purely that of lessor and

lessee.

5. Having heard the learned counsel appearing for the petitioners,

learned Government Pleader appearing for the official respondents and the

learned Standing Counsel appearing for the Central Bureau of Investigation,

this writ petition will stand disposed of directing the 1 st respondent to

consider Ext.P4 representation and take a decision in the matter. It is made

clear that if the relationship between the petitioners and the 6 th respondent is

purely that of lessor and lessee, the 1st respondent shall pass necessary orders

directing the handing over the premises in question to the petitioners within a

period of three months from the date of receipt of a certified copy of this

judgment. While passing orders, the 1st respondent shall also have due regard

to the judgments of this Court in W.P (C) No. 18699/2021 and W.P (C) No.

3600/2021.

Writ petition is disposed of as above.

Sd/-

GOPINATH P. JUDGE AMG

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.KL07071201053/2023, DATED 17/02/2023 OF THE PROPERTY, ISSUED BY THE VILLAGE OFFICE, MUVATTUPUZHA

Exhibit P2 TRUE COPY OF THE TITLE DEED WITH RESPECT TO THE PROPERTY VIZ. PARTITION DEED NO.251/1/2023 DATED 20/01/2023 OF THE MUVATTUPUZHA SRO

Exhibit P3 TRUE COPY OF LEASE DEED DATED 02/05/2017 EXECUTED BY THE 2ND PETITIONER IN FAVOUR OF THE 6TH RESPONDENT

Exhibit P4 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONERS TO THE 1ST RESPONDENT

Exhibit P5 TRUE COPY OF THE POSTAL RECEIPT DATED 29-04-2024 OF REPRESENTATION SENT BY THE PETITIONERS TO THE 1ST RESPONDENT

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 09/04/2024 IN WPC