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High Court of KeralaSingle JudgeDisposed of by common judgment; petitioners gra...

W.P.(Crl.) Nos.236, 237 & 238 of 2023

Case / Petition Number:WP(Crl.) Nos.236, 237 & 238 of 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.V.KUNHIKRISHNAN
Judgment Date
2023-11-02
Court Decision / Holding
The petitions are disposed of by a common judgment. The Court notes the factual backdrop—that provisional attachment orders were issued—and holds that petitioners may challenge the provisional orders under the statutory remedy provided by the BUDS Act. The competent authority is directed to inform the provisional order to the designated court, and the period during which an interim order was in force should be excluded when calculating statutory time limits. The Court thereby grants liberty to petitioners to pursue the prescribed legal remedies and disposes of the petitions accordingly.
Final Disposition
Disposed of by common judgment; petitioners granted liberty to challenge the provisional orders under the BUDS Act and the competent authority to inform the provisional order to the designated court, with interim-relief period excluded from statutory timelines.

Parties to the Case

Appellants / Petitioners

  • Venugopalan A
  • Sreerekha
  • M.P Mohandas
  • K.V Nalini
  • Rasheed P.K

Respondents

  • State of Kerala
  • Station House Officer, Coyalmannam Police Station, Palakkad
  • Station House Officer, Alathur Police Station, Alathur
  • District Collector, Palakkad
  • Tahsildar, Ottappalam Taluk Office
  • Competent Authority under Sec.7 of BUDS Act, Secretary, Home Department, Government of Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • L. Rajesh Narayan

Counsels for Respondents

  • • Sri MP Prasanth, PP
  • • Smt Sreeja V, PP

Case Synopsis & Summary

These three writ petitions challenge provisional attachment orders issued under the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act) by a Tahsildar against movables and immovable properties. Petitions 236, 237 and 238 target Ext.P12, Ext.P8 and Ext.P9 respectively, seeking mandamus to prevent attachment without hearing, to refrain from taking further steps against petitioners’ properties, and to quash the orders (or dispense with translations) while ensuring due process. The petitioners contend these provisional attachments violate principles of natural justice since they were issued without an opportunity of hearing or adequate notice. The respondents—state authorities and the competent statutory officers—argue that the BUDS Act authorizes provisional attachment and that petitioners have a statutory remedy to challenge such orders. During hearing, the Public Prosecutor informed the Court that provisional attachments were issued on 26.12.2022, indicating the petitioners’ remedy under the Act. The High Court disposed of the petitions by common judgment, granting liberty to petitioners to challenge the provisional orders and directing the competent authority to inform the provisional order to the designated court, while excluding the period of interim relief from statutory timelines. This harmonizes due process with the Act’s framework and preserves petitioners’ rights to a lawful challenge.

Provisions of Law Cited

Banning of Unregulated Deposit Schemes Act, 2019, Sec. 7

Legal Doctrines & Maxims

  • Principle of natural justice (audi alteram partem)
  • Writ of Mandamus

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the provisional attachment orders issued under the BUDS Act (Ext.P12, Ext.P8, Ext.P9) were issued without an opportunity of hearing, violating the principles of natural justice. They seek mandamus to prevent attachment without hearing, to refrain from taking any action against property, and to quash the orders, or at least ensure due process, including hearing and translation where required. They also request dispensation with translation in certain contexts and prayer for any other proper relief. The petitions emphasize the right to challenge provisional orders under statutory remedies and argue that attachment should not proceed without due process that affords hearing, valuation, and opportunity to contest. They maintain that the interim orders should not foreclose or prejudice the rights of the petitioners in the eventual statutory challenge.

Contentions of Respondents

The respondents submit that provisional attachment is empowered by the BUDS Act and that petitioners have a remedy to challenge the provisional orders under the statute. They point out that the attachment was already issued on 26.12.2022, and that the competent authority is obligated to inform the provisional order to the designated court, with proper compliance. They argue that the statutory framework balances the need to secure deposits with due process and that the court should allow the statutory remedy to run its course, potentially rendering the petitions moot or subject to appropriate redressal through the designated legal forum.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 2[ND] DAY OF NOVEMBER 2023 / 11TH KARTHIKA, ``` ## **`1945`** ## **`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 - 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 - 679101` W.P.(Crl.) Nos.236, 237 & 238 of 2023 -2- ``` 6COMPETENT 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 - 695001 ``` ## **`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, 238/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -3- W.P.(Crl.) Nos.236, 237 & 238 of 2023 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 2[ND] DAY OF NOVEMBER 2023 / 11TH KARTHIKA, ``` ## **`1945`** ## **`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, PALAKKAD679513, 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 - 679101` - `6 COMPETENT AUTHORITY 6. COMPETENT AUTHORITY UNDER SEC.7 OF THE BANNING` -4- W.P.(Crl.) Nos.236, 237 & 238 of 2023 ``` OF UNREGULATED DEPOSIT SCHEMES ACT, 2019, THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001, PIN - 695001 ``` ## **`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- W.P.(Crl.) Nos.236, 237 & 238 of 2023 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 2[ND] DAY OF NOVEMBER 2023 / 11TH KARTHIKA, ``` ## **`1945`** ## **`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 - 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 - 679101` - `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 - 695001` -6- W.P.(Crl.) Nos.236, 237 & 238 of 2023 ## **`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- W.P.(Crl.) Nos.236, 237 & 238 of 2023 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== W.P.(Crl.) Nos.236, 237 & 238 of 2023 ============================================================= Dated this the 2[nd] 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 6[th] 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 1[st] petitioner;_ _iv. Dispense with the production of translation of vernacular documents;_ -8- W.P.(Crl.) Nos.236, 237 & 238 of 2023 _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- W.P.(Crl.) Nos.236, 237 & 238 of 2023 _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- W.P.(Crl.) Nos.236, 237 & 238 of 2023 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- W.P.(Crl.) Nos.236, 237 & 238 of 2023 ## **`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- W.P.(Crl.) Nos.236, 237 & 238 of 2023 ## **`APPENDIX OF WP(CRL.) 238/2023`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P-1TRUE COPY OF THE FIR NO.571/2019 DATED 5.10.2019 OF THE ALATHUR POLICE STATION, PALAKKAD ``` ``` Exhibit P-2TRUE COPY OF THE FIR NO.316/2019 DATED 5.10.2019 OF THE COYALMANNAM POLICE STATION, PALAKKAD Exhibit P3TRUE COPY OF THE SALE DEED NO.2208/2015 DATED 1.10.2015 ``` ``` Exhibit P-4TRUE 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. 1226/2012 DATED 12.3.2012` - `Exhibit P-6 TRUE COPY OF THE SALE DEED NO. 3652/14/I DATED 11.9.2014` - `Exhibit P-7 TRUE COPY OF THE BASIC TAX RECEIPT DATED 14.7.2022 BY THE VILLAGE OFFICER, LAKKIDI PERUR-II` ``` Exhibit P-8TRUE COPY OF THE POSSESSION CERTIFICATE DATED 6.2.2023 ISSUED BY VILLAGE OFFICER, LAKKIDI PERUR-II ``` ``` Exhibit P-9TRUE COPY OF THE COMMUNICATION DATED 28.10.2022 NO.TLKOTP/11615/2022-D2 ``` -13- W.P.(Crl.) Nos.236, 237 & 238 of 2023 ## **`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. 1462/2005/I DATED 21.3.2005` - `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`