IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 4757 of 2009(N) PETITIONER: DEVI VENUGOPAL, ARYAMADOM, HARISREE NAGAR, AYYANTHOLE P.O., THRISSUR-680003. BY ADV. SMT. MOLY E.V RESPONDENTS: 1. CUSTODIAN, SPECIAL COURT (TORTS ACT,1992) BANKING DIV., DEPARTMENT OF ECONOMIC AFFAIRS, MINISTRY OF FINANCE, 10TH FLOOR, 227, VINAY K.SHAH MARG, NARIMAN POINT, MUMBAI-400 021. 2. RELIANCE INDUSTRIES LIMITED, 3RD FLOOR, MAKER CHAMBERS IV, 222, NARIMAN POINT, MUMBAI-400 021. 3. KAVY CONSULTANTS LTD., 46, AVENUE 4, STREET NO.1, BANJARA HILLS, HYDERABAD 500 034. 4. ASHWIN MEHRA 32, MADHULI, DR.ANNIE BASANT ROAD, WORLI, MUMBAI-400 018. 5. FAIR GROWTH FINANCIAL SERVICES LTD., MUMBAI (202, KSHAMAMAYA, 37, NEW MARINE LINES) MUMBAI 400 020. 6. COCHIN STOCK EXCHANGE, MES BUILDING, KALOOR, COCHIN-17. 7. M/S.V&V STOCKS AND SHARES PVT. LTD., MES BUILDING, KALOOR, COCHIN-17. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 4757 OF 2009 N ------------------------------------------------------ Dated this the 16th February, 2009 JUDGMENT On 10.6.1992, the petitioner purchased fifty shares of M/s.Reliance Industries Limited. The purchase was made by her from the seventh respondent, who is a member of the Cochin Stock Exchange. It is stated that due to unfortunate events in the share market, these shares were also included under the notified entities and remained under attachment, as evidenced by Ext.P2 certificate issued by the Cochin Stock Exchange. The petitioner filed application before the Special Court, Mumbai praying for necessary direction to lift the attachment of the shares in question and to direct M/s.Reliance Industries Limited or the custodian to hand over the fifty shares to the applicant and for other ancillary reliefs. The application was filed after the prescribed period. The petitioner applied for condonation of delay. The Special Court, Mumbai, by Ext.P7 order dated 30.11.2007, dismissed the application for condonation of delay. On the basis of Ext.P7 order, Ext.P8 notice was issued by the office of the custodian of the Special Court directing the petitioner to surrender the shares. Exts.P7 and P8 are under challenge in this Writ Petition. W.P.(C) NO. 4757 OF 2009 N :: 2 :: Though it is seen that the Writ Petition is filed under Article 226 of the Constitution of India, in sum and substance, it is a Writ Petition under Article 227 of the Constitution. If so, this Court lacks territorial jurisdiction to entertain the Writ Petition. The Writ Petition is accordingly dismissed without prejudice to the right of the petitioner to challenge Exts.P7 and P8 before the appropriate Court. (K.T.SANKARAN) Judge ahz/