Lift Attachment Of Properties Attached Erroneously: Kerala High Court To Govt After State Says Assets Of Those Not Linked To PFI Also Attached

The Kerala High Court on Thursday directed that the properties of those persons who have no connection with the Popular Front of India and which were erroneously attached by the authorities have to be 'released' to them by lifting the attachment of the properties. 

"The 2nd respondent, [Home Department] Additional Secretary shall forthwith ensure that the properties of those persons who have no connection with the additional 13th respondent Organisation, which have been erroneously attached by the Revenue Recovery authorities of the State Government, are released by lifting the attachment on the said properties. The lifting of the attachment shall be evidenced by appropriate orders issued in that regard which are communicated to the persons concerned," the court said.

The Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P., was informed by the Additional Secretary to Government, Home Department in an affidavit, filed in pursuance of the order dated January 24, 2023, that there had occurred erroneous attachment of some properties of persons who were not associated with the organisation as the proceedings had been done within a limited time period, and mistakes had crept in due to similarities in some of the names.

It was also informed that when this came to the notice of the government, directions had been issued to the Land Revenue Commissioner and the State Police Chief to stop further proceedings in respect of the properties that had been erroneously identified.

During the hearing today, it was submitted by the counsel appearing on behalf of the President of one of the District Committees in Malappuram District that he had not been arrayed as an accused in any of the incidents on the date of the hartal.

The Counsel pointed out that as per the order of the court, it had been directed that the properties of the office bearers and the organization be attached. It was submitted that State Committee had given the call for the hartal and the district committee had no role in the same. 

It was also pointed out that the properties of 18 persons not connected with the organization or the incident had also been attached.

The court had earlier directed the Claims Commissioner to commence proceedings for quantification of the loss caused on account of Flash Hartal called by Popular Front of India (PFI) in September 2022

Recovery Proceedings

The affidavit stated that requisition in respect of properties of 209 persons related to PFI had been forwarded to the District Collectors for effecting attachment. Out of these, the Land Revenue Commissioner informed that valuation report of 177 properties has been prepared by the District Collectors, and that those for the remaining could not be completed due to the disputes that had been raised.

The Court was also told that an office space of 300 sq. ft. was allotted to the Claims Commissioner in the Revenue Tower at Ernakulam, and that the Government had issued administrative sanction amounting to Rs. 6,05,000/- for providing infrastructural facilities to the Claims Commissioner, pursuant to the request of the District Collector, and the latter was also allowed to draw this amount.

The affidavit further stated that the District Collector had issued a letter to the Claims Commissioner that a room has been allotted to him temporarily in the Rest House, Ernakulam for commencing the work, pending completion of the finishing work in the room allotted in the Revenue Tower, and that necessary staff has also been deputed to assist the Claims Commissioner. 

However, the Claims Commissioner appeared before the Court today to inform that no facilities have been provided to him in pursuance of the order dated December 24, 2022, and that the amenities are insufficient. He thus requested the court that he be permitted to function from the High Court Chamber complex for a period of 1 month, by which time the space at Revenue Towers may become available. He also requested the court to issue suitable directions to empower him to summon videos and other recordings from the Police department and other public and private sources, and to call for other records. 

The court directed that the Claims Commissioner shall have all the powers of civil court. It thus stated that accordingly, production of any materials required for the  purposes of enquiry from the departments of government, public and private sources as well as the KSRTC could be obtained through the powers granted. 

The court further said, "the State Government shall ensure that support staff allotted to the Claims Commissioner are available to him at the temporary premises that he has chosen to function from till such time as the premises allotted in revenue towers is made available for his function". 

The court said that the District Collector ought to ensure that the premises at the Revenue Tower that had been allotted to the Claims Commissioner would be complete within a period of 1 month from the date of the order. 

The matter has been posted for further consideration on 20th February 2022. 

Case Title: Kerala Chamber of Commerce and Industry v. State of Kerala and Malayalavedi v. State of Kerala

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