IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 11003 of 2008(I) -------------------------------------- PETITIONER: ------------------- MAC CHARLES (INDIA) LIMITED, NO.28, SANKEY ROAD, BANGALORE-560 052, REPRESENTED BY ITS VICE PRESIDENT (OPERATIONS) & DIRECTOR OF DEVELOPMENT MR.VIJAY GOLLARHALLI. BY ADVS. MR.PHILIP T.VARGHESE, MR.THOMAS T.VARGHESE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, ERNAKULAM. 3. THE SUB REGISTRAR, MARADU, ERNAKULAM. R1 TO R3 BY GOVERNMENT PLEADER MR. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11003/2008-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED NO. 2130/2006 OF SRO,MARADU DTD. 27/04/2006. EXT.P.2: COPY OF THE ENCUMBRANCE CERTIFICATE NO. 13471/2007 ISSUED BY THE R.2. DTD. 09/11/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI, J. ------------------------------------ W.P.(C).No.11003 of 2008 ------------------------------------ Dated this the 8th day of June, 2009. JUDGMENT The petitioner company purchased 15 cents of land in Maradu under Ext.P1. Ext.P2 is an encumbrance certificate in relation to the said property. Apparently, later the petitioner came to know that the property covered by Ext.P1 has been ordered to be attached under Section 102 of the Code of Criminal Procedure by the Superintendent of Police, the 2nd respondent on 13.7.2006. It was later that the petitioner came to know that the husband of the vendor was accused of having amassed wealth disproportionate to his known sources of income and he is being proceeded against under the Prevention of Corruption Act. The petitioner then approached respondents 2 and 3 seeking W.P.(C).No.11003 of 2008 :: 2 :: cancellation/withdrawal of the order of seizure of the property. But no action has been taken by them. This writ petition is filed praying for the following reliefs: “(a) Issue a writ of certiorari or any other appropriate writ or direction calling for the records resulting in the Order of seizure passed by the 2nd respondent stated in Exhibit P2 certificate, scrutinize and quash the same; (b) pass such other orders, interlocutory or otherwise, which are deemed fit and proper to meet the ends of justice; and (c) allow this writ petition with costs.” 2. A counter affidavit has been filed on behalf of the 2nd respondent. Paragraphs 5 and 6 of the same read as follows: “5. Since the above property was acquired by the suspect officer by commission of an offence, the same is liable to be confiscated, hence a notice was served on the Sub Registrar, Maradu to protect the W.P.(C).No.11003 of 2008 :: 3 :: interest of the State. The intention of the accused officer by transferring the property soon after the registration of the case was to evade from attachment of the property to Government. It is submitted that the investigation in the above case is going on and the exact assets which are disproportionate to the known source of income of the accused is yet to be ascertained. The accused in the above case had various account in different banks and all the transaction of the said accounts are yet to be verified. 6. It is further submitted that the issuance of notice to the Sub Registrar, Maradu, stopping further transaction of the above property was under the above circumstances, and also to enable the attachment of the same under Criminal Law Amendment Ordinance 1944. Hence, the writ petition is devoid of merits and is liable to be dismissed.” W.P.(C).No.11003 of 2008 :: 4 :: 3. I heard learned Government Pleader as well. 4. As the seizure is effected under Section 102 of the Code of Criminal Procedure and the property is attachment under court order, it is up to the petitioner to approach the court and seek appropriate relief. Writ petition is closed without prejudice to the right of the petitioner to do so. Sd/- (V.GIRI) JUDGE sk/ //true copy//