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