Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 2ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA, WP(CRL.) NO. 236 OF 2023 CRIME NO.571/2019 OF Alathur Police Station, Palakkad PETITIONER/S: 1 VENUGOPALAN A, AGED 52 YEARS S/O NARAYANA GUPTHAN, ANARKOTTIL KATTUKULAM, MANGALAMKUNNU SREEKRISHNAPURAM, PALAKKAD-679514, PIN - 679514 2 SREEREKHA, AGED 48 YEARS W/O VENUGOPALAN ANARKOTTIL, KATTUKULAM, MANGALAMKUNNU SREEKRISHNAPURAM, PALAKKAD-679514, PIN - 679514 BY ADVS. L.RAJESH NARAYAN RESPONDENT/S:
1 STATE OF KERALA STATE OF KERALA REP BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM- 695001, PIN - 2 STATION HOUSE OFFICER COYALMANNAM POLICE STATION, PALAKKAD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682020, PIN - 682020 3 STATION HOUSE OFFICER ALATHUR POLICE STATION ALATHUR, PALAKKAD-678541, PIN - 678541 4 DISTRICT COLLECTOR COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD-678013, PIN - 678013 5 TAHSILDAR TALUK OFFICE OTTAPALAM, PALAKKAD- 679101, PIN - -2-
6 COMPETENT AUTHORITY
6. COMPETENT AUTHORITY UNDER SEC.7 OF THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT, 2019, THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001, PIN - OTHER PRESENT: SRI MP PRASANTH,PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02.11.2023, ALONG WITH WP(Crl.).237/2023, FOLLOWING: -3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 2ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA, WP(CRL.) NO. 237 OF 2023 CRIME NO.571/2019 OF Alathur Police Station, Palakkad PETITIONER/S: 1 M.P MOHANDAS AGED 60 YEARS S/O PADMANABHAN NAIR, POTTENCHOLA KARIMPUZHA-I, PALAKKAD-679513, PIN - 679513 2 K.V NALINI AGED 50 YEARS W/O MOHANDAS, POTTENCHOLA KARIMPUZHA-I, PALAKKAD- 679513, PIN - 679513 BY ADV L.RAJESH NARAYAN RESPONDENT/S:
1 STATE OF KERALA REP BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM- 695001, PIN - 695001 2 STATION HOUSE OFFICER COYALMANNAM POLICE STATION, PALAKKAD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682020, PIN - 682020 3 STATION HOUSE OFFICER ALATHUR POLICE STATION ALATHUR, PALAKKAD-678541, PIN - 678541 4 DISTRICT COLLECTOR COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD-678013, PIN - 678013 5 TAHSILDAR TALUK OFFICE OTTAPALAM, PALAKKAD- 679101, PIN - 6 COMPETENT AUTHORITY
6. COMPETENT AUTHORITY UNDER SEC.7 OF THE BANNING -4- OF UNREGULATED DEPOSIT SCHEMES ACT, 2019, THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001, PIN - OTHER PRESENT: SMT SREEJA V, PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02.11.2023, ALONG WITH WP(Crl.).236/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 2ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA, WP(CRL.) NO. 238 OF 2023 CRIME NO.571/2019 OF Alathur Police Station, Palakkad PETITIONER/S: RASHEED P.K AGED 42 YEARS S/O VEERASAAN, POOKKOTTUKUNNATH (H) PERUR P.O, PATHIRIPPALA, PALAKKAD- 679302, PIN - 679302 BY ADV L.RAJESH NARAYAN RESPONDENT/S:
1 STATE OF KERALA REP BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM- 695001, PIN - 2 STATION HOUSE OFFICER COYALMANNAM POLICE STATION, PALAKKAD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682020, PIN - 682020 3 STATION HOUSE OFFICER ALATHUR POLICE STATION ALATHUR, PALAKKAD-678541, PIN - 678541 4 DISTRICT COLLECTOR COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD-678013, PIN - 678013 5 TAHSILDAR TALUK OFFICE OTTAPALAM, PALAKKAD- 679101, PIN - 6 COMPETENT AUTHORITY
6. COMPETENT AUTHORITY UNDER SEC.7 OF THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT, 2019, THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001, PIN - -6- OTHER PRESENT: SRI MP PRASANTH, PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02.11.2023, ALONG WITH WP(Crl.).236/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -7-
P.V.KUNHIKRISHNAN, J.
====================================================== ============================================================= Dated this the 2nd day of November, 2023
JUDGMENT
The same issue raised in these writ petitions and therefore, I am disposing of these writ petitions by a common judgment. The prayers in these writ petitions are extracted hereunder: W.P.(Crl.) No.236 of 2023 “i. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to attach the properties, vehicles, bank accounts of the petitioners in furtherance to Ext.P12, without hearing and affording an opportunity of hearing to the petitioners; ii. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to proceed against the petitioners properties, bank accounts, vehicles and pass provisional order of attachment pursuant to Ext.P12; iii. Issue a writ in the nature of certiorari or any such other direction or orders calling for the records leading to Ext.P12and quash the same as against the 1st petitioner; iv. Dispense with the production of translation of vernacular documents; -8- v. Issue any such other writ, direction or orders, which this Hon'ble Court may deem fit and proper considering the
facts and circumstances of the case.” (sic)
W.P.(Crl.) No.237 of 2023 “i. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to attach the properties, vehicles, bank accounts of the petitioners in furtherance to Ext.P8, without hearing and affording an opportunity of hearing to the petitioners; ii. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to proceed against the petitioners properties, bank accounts, vehicles and pass provisional order of attachment pursuant to Ext.P8; iii. Issue a writ in the nature of certiorari or any such other direction or orders calling for the records leading to Ext.P8 and quash the same as against the 1st petitioner; iv. Dispense with the production of translation of vernacular documents; v. Issue any such other writ, direction or orders, which this Hon'ble Court may deem fit and proper considering the
facts and circumstances of the case.”
W.P.(Crl.) No. 238 of 2023 “i. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to attach the properties, vehicles, bank accounts of the -9- petitioners in furtherance to Ext.P9, without hearing and affording an opportunity of hearing to the petitioners; ii. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to proceed against the petitioners properties, bank accounts, vehicles and pass provisional order of attachment pursuant to Ext.P9; iii. Issue a writ in the nature of certiorari or any such other direction or orders calling for the records leading to Ext.P9 and quash the same as against the petitioner; iv. Dispense with the production of translation of vernacular documents; v. Issue any such other writ, direction or orders, which this Hon’ble Court may deem fit and proper considering the
facts and circumstances of the case.”
2. Petitioners in WP(Crl.) No.236 of 2023 are aggrieved by
Ext.P12 proceedings issued by the Tahsildar, Ottappalam to the Village Officers to report about the movable and immovable properties for initiating attachment under the BUDS Act. The same
order is challenged in the other two writ petitions also.
3. When these writ petitions came up for consideration, this
Court directed the Public Prosecutor to get instructions as to whether the provisional attachment order is already passed. The public -10- prosecutor, on instructions, submitted that the provisional attachment
order is already issued on 26.12.2022. If that be so, as per the BUDS
Act, the petitioners have got remedy. Granting liberty to the petitioners to challenge the provisional order, in accordance with law, these writ petitions are disposed of. The competent authority is free to inform the provisional order to the designated court, in accordance with law, and while doing so, the time during which the interim order was in force in these cases, can be excluded while calculating the period prescribed in the statute for the same. sd/- P.V.KUNHIKRISHNAN JUDGE das -11- APPENDIX OF WP(CRL.) 237/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE FIR NO.571/2019 DATED 5.10.2019 OF THE ALATHUR POLICE STATION, PALAKKAD Exhibit P-2 TRUE COPY OF THE FIR NO.316/2019 DATED 5.10.2019 OF THE COYALMANNAM POLICE STATION, PALAKKAD Exhibit P-3 TRUE COPY OF THE SALE DEED NO.6723/1999 DATED 30.12.1999 Exhibit P-4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 21.5.2022 ISSUED BY THE VILLAGE OFFICER, KARIMBUZHA-I VILLAGE Exhibit P-5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 4.2.2023 ISSUED BY THE VILLAGE OFFICER, KARIMBUZHA-I VILLAGE Exhibit P-6 TRUE COPY OF THE SALE DEED NO.2798/19 DATED 17.6.2019 OF THE SRO MANNARKKAD Exhibit P-7 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 4.2.2023 ISSUED BY THE VILLAGE OFFICER, KARIMBUZHA I VILLAGE, Exhibit P-8 TRUE COPY OF THE COMMUNICATION DATED 28.10.2022 NO.TLKOTP/11615/2022-D2 -12- APPENDIX OF WP(CRL.) 238/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE FIR NO.571/2019 DATED 5.10.2019 OF THE ALATHUR POLICE STATION, PALAKKAD Exhibit P-2 TRUE COPY OF THE FIR NO.316/2019 DATED 5.10.2019 OF THE COYALMANNAM POLICE STATION, PALAKKAD Exhibit P3 TRUE COPY OF THE SALE DEED NO.2208/2015 DATED 1.10.2015 Exhibit P-4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 13.1.2023 ISSUED BY THE VILLAGE OFFICER, MANKARA VILLAGE
Exhibit P-5 TRUE COPY OF THE SALE DEED NO. Exhibit P-6 TRUE COPY OF THE SALE DEED NO. Exhibit P-7 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 14.7.2022 BY THE VILLAGE OFFICER, LAKKIDI PERUR-II Exhibit P-8 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 6.2.2023 ISSUED BY VILLAGE OFFICER, LAKKIDI PERUR-II Exhibit P-9 TRUE COPY OF THE COMMUNICATION DATED 28.10.2022 NO.TLKOTP/11615/2022-D2 -13- APPENDIX OF WP(CRL.) 236/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE FIR NO.571/2019 DATED 5.10.2019 OF THE ALATHUR POLICE STATION, PALAKKAD Exhibit P-2 TRUE COPY OF THE FIR NO.316/2019 DATED 5.10.2019 OF THE COYALMANNAM POLICE STATION, PALAKKAD Exhibit P-3 TRUE COPY OF THE PARTITION DEED NO.1012/1999 DATED 18.3.1999 Exhibit P-4 TRUE COPY OF THE SALE DEED NO. Exhibit P-5 TRUE COPY OF THE BASIC TAX RECEIPT DATED 31.10.2022 ISSUED BY THE VILLAGE OFFICER, SRIKRISHNAPURAM II VILLAGE Exhibit P-6 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 4.2.2023 ISSUED BY THE VILLAGE OFFICER, SRIKRISHNAPURAM II VILLAGE Exhibit P-7 TRUE COPY OF THE SALE DEED NO.2944/05 DATED 23.6.2005 Exhibit P-8 TRUE COPY OF THE BASIC TAX RECEIPT DATED 12.4.2022 ISSUED BY THE VILLAGE OFFICER, POOKOTTUKAVU, Exhibit P-9 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 6.2.2023 ISSUED BY THE VILLAGE OFFICER, SRIKRISHNAPURAM II VILLAGE Exhibit P-10 TRUE COPY OF THE BASIC TAX RECEIPT DATED 21.5.2022 ISSUED BY THE MANNARKKKAD I VILLAGE OFFICER Exhibit P-11 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 6.2.2023 ISSUED BY THE MANNARKKKAD I VILLAGE OFFICER Exhibit P-12 TRUE COPY OF THE COMMUNICATION DATED 28.10.2022 NO.TLKOTP/11615/2022-D2