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Bindhu Radhakrishnan vs The Competent Authority (Buds Act)
2025 Latest Caselaw 284 Ker

Citation : 2025 Latest Caselaw 284 Ker
Judgement Date : 3 June, 2025

Kerala High Court

Bindhu Radhakrishnan vs The Competent Authority (Buds Act) on 3 June, 2025

Author: N.Nagaresh
Bench: N.Nagaresh
                                           2025:KER:39029



        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

 TUESDAY, THE 3RD DAY OF JUNE 2025 / 13TH JYAISHTA, 1947

                WP(C) NO. 18697 OF 2025

PETITIONERS:

    1    BINDHU RADHAKRISHNAN
         AGED 50 YEARS
         W/O RADHAKRISHNAN, RAKENDU,
         KOMALAMKUNNU, PUNALUR PO,
         PUNALUR, KOLLAM, PIN - 691305

    2    SHENAI C S
         AGED 52 YEARS
         S/O SURENDRAN, SOUPARNIKA,
         PARAVATTOM, MANIYAR,
         PUNALUR, KOLLAM, PIN - 691333

    3    INDHULEKHA
         AGED 45 YEARS
         W/O SHENAI, SOUPARNIKA, PARAVATTOM,
         MANIYAR, PUNALUR, KOLLAM,
         PIN - 691333


         BY ADV
         SRI.VISHNU BHUVANENDRAN


RESPONDENTS:

    1    THE COMPETENT AUTHORITY (BUDS ACT)
         HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM,
         PIN - 695001
                                             2025:KER:39029
WP(C) No.18697 of 2025

                            2


    2     SARALABHAI
          AGED 61 YEARS
          W/O THULASSIDHARAN PILLA, ANIL BHAVAN,
          DHARAMAPURI, VILAKUDY,
          PATHANAPURAM, KOLLAM, PIN - 691508

    3     DEEPU THULASEEDHARAN
          AGED 33 YEARS
          S/O OF THULASEEDHARAN PILLAI, ANIL BHAVAN,
          DHARMAPURI, VILAKKUDY,
          PATHANAPURAM, KOLLAM, PIN - 691508

    4     SANDEEP THULASEEDHARAN
          S/O OF THULASEEDHARAN PILLAI, ANIL BHAVAN,
          DHARMAPURI, VILAKKUDY,
          PATHANAPURAM, KOLLAM, PIN - 691508

    5     SHO
          POLICE STATION, KUNNICODE,
          KOLLAM, PIN - 691508


          BY ADVS.
          SMT AMMINIKUTTY SR. GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 03.06.2025, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
                                                   2025:KER:39029
WP(C) No.18697 of 2025

                                3




                            JUDGMENT

Dated this the 3rd day of June, 2025

The petitioners state that they are law-abiding citizens

and depositors. The petitioners have approached this Court

aggrieved by the inaction on that part of the 1st respondent in

considering their application for attachment of properties

belonging to the 2nd respondent.

2. The 2nd respondent along with her deceased

husband operated an unauthorized financial concern named

Sreemoolam Bankers at Kunnicodu, Kollam, promising high

returns on investments and collecting substantial deposits

from the petitioners. Upon the demise of her husband in

August 2024, the 2nd respondent refused to repay the deposit

amounts, which collectively amounted to over ₹25 lakhs for

each petitioner.

2025:KER:39029

3. Subsequent to repeated demands for repayment, the

petitioners discovered that the financial concern was an

unregulated deposit scheme. Complaints were filed before

respondents 1 and 5 seeking attachment of the 2 nd

respondent's properties and registration of FIRs respectively.

Despite the submission of requisite applications and

supporting documents, no action has been taken till date,

contend the petitioners.

4. Further, the petitioners have reliable information

that the 2nd respondent along with her children is attempting

to alienate immovable properties posing an imminent threat to

the petitioners' chances of recovering their money. Hence, the

petitioners are compelled to seek urgent intervention of this

Court to prevent irreparable financial loss.

5. The prayer of the petitioners is to direct the 1 st

respondent to consider and pass orders on Exts.P4 to P6

complaints filed by them.

2025:KER:39029

6. Government Pleader entered appearance and

submitted that the competent authority under the Banning of

Unregulated Deposit Schemes Act, 2019 has sought for a

report from the State Police Chief by letter dated 11.05.2025.

Any decision on Exts.P4 to P6 can be taken only after receipt

of a report from the State Police Chief.

7. Heard.

8. In view of the fact that the 1 st respondent will be

considering Exts.P4 to P6, the writ petition can be disposed of

with appropriate directions.

The writ petition is accordingly disposed of directing the

1st respondent to consider Exts.P4 to P6 and pass appropriate

orders thereon expeditiously on receipt of a report from the

police authorities.

Sd/-

N.NAGARESH JUDGE hmh 2025:KER:39029

APPENDIX OF WP(C) 18697/2025

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.11.2024 BEARING FILING NUMBER E-9014971 Exhibit P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.11.2024 BEARING FILING NUMBER E-9014995 Exhibit P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.11.2024 BEARING FILING NUMBER E-9015031 Exhibit P4 TRUE COPY OF THE APPLICATION FILED BY THE 1ST PETITIONER BEFORE 1ST RESPONDENT FOR THE ATTACHMENT OF PROPERTY DATED 25.11.2024 Exhibit P5 TRUE COPY OF THE APPLICATION FILED BY THE 2ND PETITIONER BEFORE 1ST RESPONDENT FOR THE ATTACHMENT OF PROPERTY DATED 25.11.2024 Exhibit P6 TRUE COPY OF THE APPLICATION FILED BY THE 3RD PETITIONER BEFORE 1ST RESPONDENT FOR THE ATTACHMENT OF PROPERTY DATED 25.11.2024 Exhibit P7 TRUE COPY OF THE COMPLAINT PREFERRED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 22.11.2024 Exhibit P8 TRUE COPY OF THE COMPLAINT PREFERRED BY THE 2ND PETITIONER BEFORE THE 5TH RESPONDENT DATED 22.11.2024 Exhibit P9 TRUE COPY OF THE COMPLAINT PREFERRED BY THE 3RD PETITIONER BEFORE THE 5TH RESPONDENT DATED 22.11.2024

 
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