SURESH KUMAR v. STATE OF KERALA

SRI. AJITH VISWANATHAN GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) No. 11570 of 2024 3 JUDGMENT Dated this the 23rd day of April, 2024 The petitioner is a landlord. The petitioner is highly aggrieved by the non- consideration of Exhibits P4, P5 and P6 representations filed by the petitioner before respondents 1 to 3.

The petitioner is the absolute owner of the Shopping complex formerly known as Popular Finance Complex situated in property of 32 Sq. meter in Re-Survey No.625/2-6-10-2 and the property of 43 Sq meter in Re-Survey No.625/2 including the building situated in the property.

The petitioner's shopping complex consists of ground floor which is a hall. It was rented to Popular Finance and 1st floor consists of 5 shops. Shops are functioning in the said building on monthly rent. The petitioner is making a living from the monthly rent of the shops. Party offices, shops, Financial Institutions are functioning in this building. A branch office of Popular Finance Limited was also functioning in this building. W.P(C) No. 11570 of 2024 4 The High Court of Kerala in Crl.MC. No.4035/2020 issued direction to register separate F.I.R's with respect to each and every case pertaining to the deposits received by Popular Finance and allied companies and directed the District Collectors to issue orders directing closure of all branches of Popular Finance Limited and it's allied institutions within the respective revenue Districts forthwith and effect attachment of cash, gold and other assets in the branches and other offices of those financial establishment by virtue of powers vested under section 4 of the Kerala Protection of Interests of Depositors in Financial Establishments Act, 2013.

As per Exhibits P1 and P2, the District Collector has issued notice of proceedings of the District Collector, Thiruvananthapuram and Competent Authority under section 4 or the Kerala Protection of Interests of Depositors in Financial Establishments Act, 2013 on 19.10.2020 to close down all branches of Popular Finance Limited and its allied institutions within Thiruvananthapuram District. But instead of closing one of W.P(C) No. 11570 of 2024 5 the branches of Popular Finance Limited in the petitioner's building the 3rd respondent has locked and sealed the entire building. As a result of this, rest of the legally functioning establishments of this building has also been close down since

19.10.2020 which cause great hardship and financial loss to the petitioner.

A huge amount of electricity charges and water charges are payable for this closed building complex. The building is closed down for more than 3 years. It is cracked and weakened due to non-maintenance. Aggrieved by this, petitioner has filed representations Exhibits P4, P5 and P6 before the 1 to 3 respondents requesting to take further steps to open the all shops in petitioner's building complex and pay amount of loss to the petitioner. But no action has been taken yet. Hence, the petitioner has filed this writ petition.

I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondent. W.P(C) No. 11570 of 2024 6

It is evident from the letter No.SC3/86/2022/Home dated

11.08.2023 of the Joint Secretary (Competent Authority and Secretary to Government) that the Government has ordered that all the rented buildings of the firms under provisional attachment may be handed over to the building owners after ensuring the safe custody of the properties attached by completing the procedures stipulated for filing application under Section 14 of the the Banning of Unregulated Deposit Schemes Act, 2019, within the time limit itself. The Government has also found that unnecessarily leading them to litigation may be avoided as far as possible and wherever the firms are functioning at its own building, the properties attached in other branches if any, may be shifted thereto also.

Taking into consideration the afore facts, I am of the view that the 2nd respondent shall decide the matter adverting to the communication dated 11.08.2023 of the Joint Secretary, Home (SC) Department. W.P(C) No. 11570 of 2024 7 The writ petition is therefore disposed of directing the 2nd respondent to consider Ext.P5 representation of the petitioner and take appropriate decision thereon, expeditiously with notice to the petitioner and after hearing the petitioner, within a period of three months, in the light of the communication dated

11.08.2023 of the Competent Authority and Secretary to Government. Jka/23.04.24. Sd/- N.NAGARESH JUDGE W.P(C) No. 11570 of 2024 8 APPENDIX OF WP(C) 11570/2024 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 THE TRUE COPY OF THE COMMON JUDGEMENT IN WRIT PETITION NO 18199/2020 AND CONNECTED CASES DATED 23.11.2020 THE TRUE COPY OF THE ORDER IN CRL. M.C 4035/2020 DATED 16.12.2020 THE TRUE COPY OF THE NOTICE OF ORDER ISSUED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DATED 19.10.2020 THE TRUE COPY OF THE REPRESENTATION FILEDBY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.10.2023 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.10.2023 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 30.10.2023