Kerala High Court
Ptc Towers vs The Home Secretary on 29 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 15383 OF 2024
PETITIONER:
PTC TOWERS
SS KOVIL ROAD, THAMPANOOR THIRUVANANTHAPURAM
REPRESENTED BY ITS MANAGING PARTNER
SRI. BIJU JACOB, PIN - 695001
BY ADVS.
SAJI VARGHESE T.G
MARIAM MATHAI
RESPONDENTS:
1 THE HOME SECRETARY
HOME DEPARTMENT GOVERNMENT OF KERALA
GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
2 THE SUPERINTENDENT OF POLICE
INVESTIGATION OF ECONOMIC OFFENCES PETTA,
TRIVANDRUM, PIN - 695024
3 THE STATION HOUSE OFFICER
THAMPANOOR POLICE STATION THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695001
4 KE-CHERY FINANCIERS AND LEASING COMPANY PVT LTD
REPRESENTED BY ITS MANAGING DIRECTOR,
S. VENUGOPAL, PUNALOOR, PIN - 691333
SRI. K. R. RANJITH. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15383 OF 2024
2
T.R. RAVI, J.
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W.P.(C). No.15383 of 2024
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Dated this the 29th day of May, 2024
JUDGMENT
When the case is taken up, it is submitted by the Government
Pleader that necessary directions have already been issued by the
Government to all the District Collectors to release rented premises by
handing over the vacant possession to the building owners wherever
possible, after complying with the necessary procedures under Section
13 & 14 of the Banning of Unregulated Deposit Schemes Act (BUDS
Act) and after ensuring the safe custody of the properties/assets
attached under the BUDS Act. The counsel for the petitioner submits
that though directions have been issued much earlier, nothing has
been done in the case of the petitioner's building. This Court has
already addressed the issue and issued directions in WP(C)
No.4698/2021 to hand over vacant possession of buildings leased out
to financial firms whose properties were attached, to the owners of the
buildings.
In the above circumstances, this writ petition is allowed. There
will be a direction to the competent authority of the 1 st respondent to
WP(C) NO. 15383 OF 2024
give vacant possession of the room ad-measuring 400 Sq.Ft. in the
ground floor of PTC Towers owned by the petitioner after complying
with the requirements of Section 13 & 14 of the BUDS Act at the
earliest, at any rate, within three months from the date of receipt of a
copy of this judgment.
Sd/--
T.R. RAVI
JUDGE
Pn
WP(C) NO. 15383 OF 2024
APPENDIX OF WP(C) 15383/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF AGREEMENT OF LEASE DATED
17.4.1999 BETWEEN THE PETITIONER AND 4TH
RESPONDENT
Exhibit P2 TRUE COPY OF AGREEMENT BETWEEN THE
PETITIONER AND 4TH RESPONDENT DATED
1.7.2019
Exhibit P3 TRUE COPY OF LAND TAX RECEIPT DATED
30.8.2022
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
28.6.2023 FILED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT
