Kerala High Court
Popular Finance Depositors ... vs Union Of India on 14 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:85240
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF NOVEMBER 2024/23RD KARTHIKA, 1946
WP(C) NO. 20510 OF 2022
PETITIONER:
POPULAR FINANCE DEPOSITORS ASSOCIATION
ABOVE RAJ AIR TRAVELS, CHANDANAPPALLY PO,
PATHANAMTHITTA DISTRICT- 689 648,
REPRESENTED BY ITS GENERAL SECRETARY.
BY ADVS.
V.C.Sarath
MANJUSHA K(K/000191/2018)
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE,
NORTH BLOCK, NEW DELHI, PIN -110001.
2 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN -695001.
3 COMPETENT AUTHORITY
(UNDER SECTION 7 OF THE BANNING OF UNREGULATED DEPOSIT
SCHEMES ACT, 2019) SECRETARY, HOME DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN- 695001.
4 CENTRAL BUREAU OF INVESTIGATION (CBI),
REPRESENTED BY ITS DIRECTOR, CBI HEAD OFFICE,
CGO COMPLEX, LODHI ROAD, NEW DELHI,
PIN -110 003.
WP(C) NO. 20510 OF 2022
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5 RESERVE BANK OF INDIA (RBI),
THROUGH ITS REGIONAL DIRECTOR BAKERY JUNCTION
SERVICE ROAD, NANDAVANAM, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA, PIN -695033.
6 SECURITIES AND EXCHANGE BOARD OF INDIA (SEBI),
REPRESENTED BY ITS MANAGER, KOCHI
LOCAL OFFICE OF THE SEBI, 6TH FLOOR,
FINANCE TOWER, KALOOR, ERNAKULAM,
PIN -682017.
7 MINISTRY OF CORPORATE AFFAIRS,
GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY,
'A' WING, SHASTRI BHAWAN RAJENDRA PRASAD ROAD,
NEW DELHI - 110 001.
8 INSPECTOR GENERAL OF REGISTRATION,
STATE OF KERALA, DEPARTMENT OF REGISTRATION,
VANCHIYUR PO, THIRUVANANTHAPURAM,
PIN -695 035.
9 DISTRICT POLICE CHIEF,
PATHANAMTHITTA, OFFICE OF SP OF POLICE,
PATHANAMTHITTA, PIN -689 645.
0 THOMAS DANIEL,
S/O. T.K. DANIEL, POPULAR TOWERS, VAKAYAR PO,
KONNI, PATHANAMTHITTA DISTRICT,
PIN -689 698.
11 PRABHA THOMAS,
W/O. THOMAS DANIEL, POPULAR TOWERS, VAKAYAR PO,
KONNI, PATHANAMTHITTA DISTRICT, PIN -689 698.
12 RINU MARIAM THOMAS,
D/O. THOMAS DANIEL, POPULAR TOWERS, VAKAYAR PO,
KONNI, PATHANAMTHITTA DISTRICT, PIN -689 698.
13 RIYA ANN THOMAS
D/O. THOMAS DANIEL, POPULAR TOWERS, VAKAYAR PO,
KONNI, PATHANAMTHITTA DISTRICT, PIN -689 698.
14 MARYKUTTY DANIEL
W/O. LATE T.K.DANIEL, POPULAR TOWERS, VAKAYAR PO,
KONNI, PATHANAMTHITTA-689 698.
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15 M/S. POPULAR FINANCE,
A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED
OFFICE AT POPULAR TOWERS, VAKAYAR PO, KONNI,
PATHANAMTHITTA DISTRICT, PIN -689 698,
REP. BY ITS MANAGING PARTNER THOMAS DANIEL.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
K.M.JAMALUDHEEN
SHRI.N.MANOJ KUMAR, STATE ATTORNEY()
K.R.RANJITH, SPECIAL GOVERNMENT PLEADER WITH STATE
ATTORNEY()
LATHA PRABHAKARAN
T.C.KRISHNA, DSGI IN CHARGE
SRI.K.M.JAMALUDHEEN, SC AND S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 14th day of November, 2024
An association of depositors has filed this writ
petition, seeking a direction to the Government to
constitute a Designated Court under the BUDS Act to
adjudicate cases relating to the Popular Finance Scam.
2. When the writ petition is taken up for
consideration, learned Government Pleader submitted
that the Government has constituted the Designated
Court as per G.O.(Ms)No.112/2024/Home dated
16.05.2024 and the Court commenced functioning from
17.08.2024 onwards.
3. Insofar as the designated BUDS Court
for Popular Finance Scam cases is constituted, the
petitioner's grievance stands substantially allayed.
The writ petition is closed accordingly.
Sd/-
V.G.ARUN
JUDGE
ARK
WP(C) NO. 20510 OF 2022
2024:KER:85240
APPENDIX OF WP(C) 20510/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF ORDER DATED 23.11.2020 IN WP NO
(CIVIL) 18716 OF 2020 AND OTHER CONNECTED
CASES PASSED BY THIS HON'BLE COURT.
EXHIBIT P2 TRUE COPY OF GO (P) NO. 48/2020/HOME DATED
25.09.2020.
EXHIBIT P3 TRUE COPY OF FORMAT FOR SUBMISSION OF CLAIMS
BEFORE THE AUTHORITIES PREPARED BY THE
PETITIONER.
EXHIBIT P4 TRUE COPY OF REPRESENTATION SENT BY THE
PETITIONER TO THE COMPETENT AUTHORITY DATED
11.03.2021 VIDE EMAIL.
EXHIBIT P5 TRUE COPY OF REPRESENTATION SENT BY THE
PETITIONER TO THE CHIEF MINISTER OF KERALA
DATED 11.03.2021.
RESPONDENT EXHIBITS
EXHIBIT R3(a) TRUE COPY OF THE GOVERNMENT ORDER G.O.(P) NO.
48/2020/HOME DATED 25.09.2020.
EXHIBIT R3(b) TRUE COPY OF THE GOVERNMENT ORDER G.O.(P) NO.
69/2020/HOME DATED 18.12.2020.
EXHIBIT R3(c) TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT)
NO. 2959/2020/HOME DATED 22.12.2020.
EXHIBIT R3(d) TRUE PHOTOCOPY OF THE NOTIFICATION G.O.(P)
NO.76/2021/HOME DATED 25.11.2021
