Kerala High Court
Dr. Joe Jose Mathew vs State Of Kerala on 3 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
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WP(C) NO. 27675 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(C) NO. 27675 OF 2024
PETITIONER/S:
DR. JOE JOSE MATHEW
AGED 45 YEARS
S/O. C.J. MATHAI, CHERUKARA KADAMULA HOUSE,
VELLIYARA PO, AYROOR, RANNI, PATHANAMTHITTA
– 689612 NOW RESIDING AT CHERUKARA HOUSE,
NEAR KNB KALAYANAMANDAPAM, CHERUVANDOOR,
ETTUMANOOR PO, KOTTAYAM DISTRICT, PIN - 686631
BY ADV A.SHAFEEK (KAYAMKULAM)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
THIRUVANANTHAPURAM, CIVIL STATION,
KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN - 695043
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3 THE TAHSILDAR
OFFICE OF THE TAHSILDAR, TALUK OFFICE ROAD, EAST
FORT, THIRUVANANTHAPURAM, PIN - 695023
4 POPULAR FINANCE PVT LTD
POPULAR TOWER ANNEXE, VAKAYAL PO, PATHANAMTHITTA
– REPRESENTED BY ITS MANAGING PARTNER SRI.
T.K. DANIEL., PIN - 689698
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
K.R.RANJITH, GOVERNMENT PLEADER WITH STATE
ATTORNEY()
SRI. K.R. RANJITH, GP WITH STATE ATTORNEY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Petitioner had leased out his building to the 4 th respondent,
a financial institution. As the depositors of the 4th respondent alleged
fraud and misappropriation, criminal proceedings, including those
under the provisions of the BUDS Act were initiated. In the course of
such proceedings, the movables of the 4th respondent were attached
and the building of the petitioner was brought under lock and key.
The petitioner thereupon approached respondents 1 and 2 with a
request to give vacant possession of his building. The respondents
having failed to accede to the request, the petitioner approached this
Court by filing W.P.(C)No.23104/2023. That writ petition was
disposed of by Ext.P4 judgment, directing the 1st respondent to
consider petitioner's representation in the light of communication
No. SC3/86/2022/Home dated 27.12.2022, within three months.
Accordingly, the representation was considered by the 3 rd
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respondent and Ext.P7 order was passed, directing to hand over the
possession of the premises of the petitioner, after moving the
attached articles to a portion of the room. The petitioner is aggrieved
by the decision taken to keep the movables of the 4 th respondent
inside the room.
2. The learned Counsel for the petitioner submitted that by
directing the movables to be kept inside the room, the petitioner's
right to enjoy his property is curtailed. The learned Government
Pleader submitted that such a direction is issued, since sufficient
space for shifting the movables is not available now. It is also
submitted that the District Collector has directed the South Zone
Survey Joint Director, Thiruvananthapuram, to vacate the old village
building, which is now functioning as Digital Survey Office and the
attached movables will be shifted to that building within three
months.
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The writ petition is hence disposed of, directing
respondents 1 and 2 to shift the attached movables from the
petitioner's building within three months from today.
Sd/-
V.G.ARUN
JUDGE
uu
03.09.2024
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WP(C) NO. 27675 OF 2024
APPENDIX OF WP(C) 27675/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LEASE DEED DATED
17/2/2016 EXECUTED BY THE PETITIONER
WITH 4TH RESPONDENT
Exhibit P2 A TRUE COPY OF THE ORDER NO.
DCTVM/6576/2020-S11 DATED 19/10/2020
ISSUED BY THE 2ND RESPONDENT
Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED
5/7/2023 SUBMITTED BY THE PETITIONER
BEFORE RESPONDENTS 1 AND 2
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED
16/8/2023 OF THIS HON’BLE COURT
Exhibit P5 TRUE COPY OF THE NOTICE DATED
15/12/2023 ISSUED BY THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE CONSENT DATED 5/1/2023
GIVEN BY THE PETITIONER
Exhibit P7 TRUE COPY OF THE ORDER NO.
DCTVM/13590/2023-STO DATED 23/1/2024
ISSUED BY THE 2ND RESPONDENT
Exhibit P8 TRUE COPY OF THE ORDER NO. B2-
24340/2021 DATED 4/3/2024 ISSUED BY THE
3RD RESPONDENT
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Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
18/4/2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED
2/6/2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
