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Rekha Krishnan vs State Of Kerala
2024 Latest Caselaw 29549 Ker

Citation : 2024 Latest Caselaw 29549 Ker
Judgement Date : 17 October, 2024

Kerala High Court

Rekha Krishnan vs State Of Kerala on 17 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                       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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