S.SUJITH v. PRINCIPAL SECRETARY
Case at a glance
Provisions considered
Judgment
SRI.SREELAL N WARRIER SRI.C.S.MANU SRI.K.R.RANJITH, SPL.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19217 OF 2024 2 JUDGMENT The petitioner had rented out first floor of a building bearing No.XI/657 of Sasthamkotta Panchayat to the 6th respondent. Owing to certain proceedings initiated against the 6th respondent under the Banning of Unregulated Deposit Schemes Act, 2019 (hereinafter referred to as ‘the BUDS Act’), the possession of the area let out by the petitioner was also taken by the competent authority. The petitioner prays that since the relationship between the petitioner and the 6th respondent was purely that of lessor and lessee, this Court may direct that the vacant possession of the building may be returned to the petitioner.
Heard the learned Government Pleader appearing for respondents 1 to 3 and 5, Adv. Sreelal N Warrier appearing for the 4th respondent and Adv.C.S.Manu appearing for the 6th respondent.
The learned Government Pleader has placed for my consideration a copy of the communication issued by the Government to all District Collectors bearing No.SC3/86/2022/Home dated 27.12.2022, where the following instructions have been issued:- WP(C) NO. 19217 OF 2024 3 “I am to invite your attention to the reference cited. The Hon'ble High Court, vide common judgement in WP(C) No. 4698/2021 and connected cases have directed to hand over the vacant possession of the buildings leased out to the Financial Firms whose properties the Competent Authority has attached, to the Owners of the Buildings. In the light of the directions in the judgement, it was directed to expedite the process of handing over the vacant possession after complying with necessary formalities as stipulated in section 14 & 15 of BUDS Act, 2019. It is understood that there are difficulties in safe keeping the documents/assets attached once the leased out buildings are returned to the Owners.
In the circumstances, I am to request you to take urgent necessary steps with regard to the following matters: 1) immediately release such rented premises by handing over the vacant possession to the Building Owners wherever possible, after complying with necessary procedures under section 13 & 14 of BUDS Act and after ensuring the safe custody of properties/assets attached under BUDS Act. 2) state the reason for non-compliance of the judgement specifically mentioning the requirements for safe - keeping the assets, documents etc. 3) identify and list the properties/assets that are of perishable nature and which can be auctioned immediately in the light of section 13(5) of BUDS Act. I am to request you to furnish a report in this regard within 3 days to Government.” WP(C) NO. 19217 OF 2024 4 Having considered the contentions raised and having regard to the directions issued by this Court in Ext.P4 judgment and taking note of the communication which has been issued by the Government on 27.12.2022, I am of the view that this writ petition can be disposed of directing the 2nd respondent to consider the claim of the petitioner having due regard to the provisions of Sections 14 & 15 of the BUDS Act and as directed in the Government Order dated 27.12.2022.
The 2nd respondent shall endeavour to take a decision in the matter as above within a period of three months from the date of receipt of a certified copy of this judgment. DK Sd/- GOPINATH P. JUDGE WP(C) NO. 19217 OF 2024 5 APPENDIX OF WP(C) 19217/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 TRUE COPY OF THE JUDGEMENT OF THE MUNSIFF MAGISTRATE COURT, SASTHAMKOTTA VIDE O.S.98/2021 DATED 26.09.2022 TRUE COPY OF THE DECREE OF THE MUNSIFF- MAGISTRATE COURT, SASTHAMKOTTA VIDE O.S.98/2021 DATED 26.9.2022 TRUE COPY OF THE JUDGEMENT IN W.P.(C) NO.18699/2021 DATED 9.11.2021 TRUE COPY OF THE COMMON JUDGMENT IN W.P.(C) W.P.(C) NO.3600/2021, NO.3524/2021, W.P.(C) NO.3979/2021, W.P.(C)NO.4018/2021, W.P.(C) NO.4698/2021 AND W.P.(C) NO.6244/2021 DATED 4.01.2022 Exhibit P5 TRUE COPY OF THE JUDGEMENT IN W.P.(C) NO.17266/2022 DATED 10.11.2022
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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