Citation : 2024 Latest Caselaw 29549 Ker
Judgement Date : 17 October, 2024
2024:KER:77262
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 17TH DAY OF OCTOBER 2024/25TH ASWINA, 1946
WP(C) NO. 35310 OF 2024
PETITIONER:
REKHA KRISHNAN
AGED 25 YEARS, D/O K.KRISHNAN ACHARY,
T.C 7/424 P S C NAGAR H N 7 NEERAZHI LANE,
ULLOOR, PIN - 695011
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
J.M.DEEPAK
JINU P. BINU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM,
PIN - 695043
3 MARY RANI POPULAR NIDHI LTD
XIII/526-E, POPULAR TOWER ANNEXURE,
VAKAYAR. KONNI P.O, PATHANAMTHITTA,
REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 689698
WP(C) NO. 35310 OF 2024
2
2024:KER:77262
4 M/S. POPULAR FINANCE PVT. LTD.
HAVING ITS REGISTERED OFFICE AT NO. 3/1831/6(B),
3RD FLOOR, HRIDYAM ARCADE, ASWANI JUNCTION,
THRISSUR, PIN - 680022
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
K.R.RANJITH, SPECIAL GOVERNMENT PLEADER WITH
STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35310 OF 2024
3
2024:KER:77262
JUDGMENT
Dated this the 17th day of October, 2024
The petitioner's building was given on rent to the
4th respondent Financing company. Due to multifarious
complaints alleging fraud and misappropriation by the 4 th
respondent, proceedings under the Banning of
Unregulated Deposit Schemes Act was initiated. In the
course of such proceedings, the premises let out to the
4th respondent by the petitioner was put under lock and
key. The petitioner thereupon approached the 1 st
respondent with a request to return the keys and to
hand over of possession of her building. The 1 st
respondent having failed to consider the request, this
writ petition is filed.
2. Learned Counsel for the petitioner
submitted that, under identical circumstances, this Court
had rendered Ext.P6 judgment.
3. Heard, learned Government Pleader also. WP(C) NO. 35310 OF 2024
2024:KER:77262
Following Ext.P6 judgment rendered on similar
set of facts, this writ petition is disposed of, directing the
1st respondent to take up Ext.P7 representation and pass
orders thereon, within three months of receipt of a copy
of this judgment.
Sd/-
V.G.ARUN JUDGE
ARK WP(C) NO. 35310 OF 2024
2024:KER:77262
APPENDIX OF WP(C) 35310/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LEASE DEED BETWEEN PETITIONER'S MOTHER AS WELL AS THE MANAGER OF POPULAR NIDHI LIMITED DATED 28/10/2017
EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED NUMBER 681/18 OF ATTINGAL SUB REGISTRAR OFFICE DATED 28/3/2018
EXHIBIT P3 TRUE COPY OF THE DEATH CERTIFICATE OF PETITIONER'S MOTHER
EXHIBIT P4 TRUE COPY OF THE PROPERTY TAX OF BUILDINGS HAVING DOOR NUMBER 1330/XXVI (OLD NUMBER XI/1480) ISSUED BY ATTINGAL MUNICIPALITY
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIVED IN THE MOBILE PHONE OF THE PETITIONER STATING THAT THE COMPLAINT IS PENDING BEFORE DYSP ATTINGAL
EXHIBIT P6 TRUE COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT IN WP(C): NO: 3600/21 DATED 4/1/2022
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 15/10/2024
EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGMENT OF EXT P7 DATED 15/10/2024
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