Kerala High Court
M.R. Ajayan vs The Secretary on 23 October, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
Wednesday, the 23rd day of October 2024 / 1st Karthika, 1946
WA NO. 1684 OF 2024
AGAINST JUDGMENT DATED 17/10/2024 IN WP(C) 16206/2024 OF THIS COURT
APPELLANT(S)/PETITIONER
1. M.R. AJAYAN ,AGED 58 YEARS , EDITOR GREEN KERALA THEKKETHALAKKAL
HOUSE CHERIYAPALLAMTHURUTHU NORTH PARAVOOR P.O, ERNAKULAM., PIN -
683513
BY ADVS.M/S.SRI. B.A.ALOOR, P.G.MANJU, ASHIK JONU M., SREELAKSHMI K.,
KRISHNASANKAR D., ATHUL M. JOSHEY
RESPONDENT(S)/RESPONDENT
1. THE SECRETARY ,MINISTRY OF CO-OPERATION, ATAL AKSHAYAURJABHAVAN,
CGO COMPLEX, PRAGATIVIHAR NEW DELHI, PIN - 110001
2. THE CENTRAL REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF CENTRAL
REGISTRAR OF CO-OPERATIVE SOCIETIES, #900, 9TH FLOOR, TOWER E, WORLD
TRADE CENTRE NAUROJI NAGAR, NEW DELHI, PIN - 110029
3. THE DIRECTOR ,ENFORCEMENT DIRECTORATE, PRAVARTHANBHAVAN, APJ ABDUL
KALAM ROAD, NEW DELHI, PIN - 110001
4. THE JOINT DIRECTOR ,ENFORCEMENT DIRECTORATE, KOCHI, KANOOS CASTLE,
MULLASSERRY CANAL ROAD WEST, ' AK SESHADRI ROAD, KOCHI ., PIN -
682011
5. DIRECTOR GENERAL OF POLICE ,STATE POLICE HEAD QUARTERS,
VELLAYAMBALAM, THIRUVANANTHAPURAM ., PIN - 695010
6. BHARAT LAJHNA MULTISTATE HOUSING CO-OPERATIVE SOCIETY LTD (BLM) ,NO.
305, 306, 2ND FLOOR, TEN SQUARE MALL 100 FEET ROAD (NEAR CMBT)
KOYAMBEDU, CHENNAI REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR
, PIN - 600107
7. REGISTRAR OF CO-OPERATIVE SOCIETIES , OFFICE OF THE REGISTRAR OF CO-
OPERATIVE SOCIETIES, JAWAHARSAHAKARANABHAVAN, DPI JUNCTION, THYCAUD
., PIN - 695014
SRI.T.C.KRISHNA AND SRI.K.S PRENJITH KUMAR FOR R1 AND R2 .
STANDING COUNSEL SRI.JAYASANKAR V. NAIR FOR R3 AND R4 .
SENIOR GOVERNMENT PLEADER FOR R5 AND R7.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass following
i. The Appeal may kindly be admitted and allowed;
ii. The impugned Judgment passed by the Hon'ble Single Bench of this
Hon'ble Court in W P(C) No.16206/2024 dated 17/10/2024 may kindly be
quashed and set-aside and Appeal may be kindly be heard in detail
which involves question of Law and facts;
iii. Any other such orders as this Hon'ble court may deem fit in the
circumstances of the case.
This Writ Appeal coming on for orders on 23/10/2024 upon perusing
the appeal memorandum, the court on the same day passed the following:
Exhibit p2 A true copy of the FIR No.0382/2023 of Thodupuzha Police
station dated 13.03.2023.
Exhibit p3 A true copy of the FIR NO.233/2023 of Nedumkandam Police
Station dated 15.03.2023
Exhibit p4 A true copy of the FIR NO.305/2023 of Adimali Police
Station dated 17.03.2023.
Exhibit P7 A list of the MSCS liquidators appointment dated nil.
Exhibit P8 A true copy of the representation preferred before the
1st respondent dated 23.03.2024.
Exhibit P9 True copy of the representation preferred before the
2nd respondent dated 23.03.2024.
W.A. No.1684 of 2024
1
AMIT RAWAL & EASWARAN S., JJ.
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W.A. No.1684 of 2024
-----------------------------------
Dated this the 23rd day of October, 2024
ORDER
AMIT RAWAL, J
Inter alia alleges that the prayer of the petitioner before the
Single Bench was though for disposal of the representations, Exts.P8
and P9, but, the first prayer was on account of the fact that
respondent No.6 is already facing three FIRs; FIR No.382 of 2023 of
Thodupuzha Police Station (Ext.P2), FIR No.233 of 2023 of
Nedumkandam Police Station (Ext.P3) and, FIR No.305 of 2023 of
Adimali Police Station (Ext.P4), all registered under Sections 3 and 5
of the Banning of Unregulated Deposit Schemes Act, 2019 (for short,
" the BUDS Act") and Sections 406 and 420 read with Section 34 of
the Indian Penal Code. So respondent Nos.3 and 4 should take
action as the society is intending to get wrongful gain by making
investments by violating the rules of the deposits without any support
or guarantee from the Government. As per Ext.P7, the Liquidator has
been appointed and the deposits taken of from different investors
being siphoned off for other purposes is nothing but a clear cut case
of money laundering as per Section 3 of the Prevention of Money
Laundering Act.
2. Issue notice before admission. Sri.T.C. Krishna, representing
the DSGI assisted by Sri.K.S. Prenjith Kumar takes notice for
respondent Nos.1 and 2. Sri. Jayasankar V. Nair, learned Standing
Counsel takes notice for respondent Nos.3 and 4. Learned Senior
Government Pleader takes notice for respondent Nos.5 and 7. Issue
notice by special messenger to the 6th respondent.
3. Sri.Jayasankar V. Nair, learned Standing Counsel is directed
to obtain instructions as to why the action has not been taken against
the 6th respondent.
Post on 25.10.2024.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
EASWARAN S. , JUDGE
NS
23-10-2024 /True Copy/ Assistant Registrar
