Lift attachment of properties of persons not linked to PFI: Kerala HC directs State

Kochi (kerala) [India], February 2 (ANI): Kerala High Court directed the State Government that the properties of those persons who have no connection with the banned Popular Front of India (PFI) and which were erroneously attached by the Revenue Recovery authorities of the State Government have to be released by lifting the attachment of the said properties.

The Division Bench of Justice AK Jayasankaran Nambiar and Justice Mohammed Nias CP directed that “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 (PFI), 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.” Earlier today (Thursday), the State Government informed the High Court that some mistakes crept in due to some similarity in the name, address, and survey number of the properties identified in connection with the recovery from Popular Front of India (PFI). State Government also said that this resulted in erroneous attachment of some properties of persons who were not associated with the organisation.

This was informed in an affidavit submitted by the State Government.
This is in a matter that the High Court on September 30, ordered PFI to deposit Rs 5.20 crore within two weeks towards damages caused to Kerala State Road Transport Corporation (KSRTC) in the violence that erupted during the illegal “flash hartal” conducted by PFI on September 23.

In the affidavit, State Government said that “in compliance to the order (High Court’s), the details of the properties identified by the IG, Registration was forwarded to the Land Revenue Commissioner for initiating attachment procedure. Since all these procedures were initiated in a limited time period, some mistakes crept in due to some similarity in the name, address, survey number etc. of the properties identified. Hence this resulted in erroneous attachment of some properties of persons who were not associated with the organisation.

When it came to the notice of the Government that some mistakes had occured in the attachment, the direction was given to the Land Revenue Commissioner, and the State Police Chief to stop further proceedings in respect of these properties which were erroneously identified.” The affidavit further reads that “in compliance to the directions in the order dated January 18, requisitioned in respect of the properties of 209 persons related to the PFI was forwarded to the District Collectors for effecting attachment.

The Land Revenue Commissioner has informed that out of them, valuation reports in respect of 177 properties were prepared by the District Collectors concerned. In view of the disputes raised regarding the attachment proceedings, the valuation of the remaining properties could not be completed.” The court earlier directed the government to submit the report on or before January 23rd after completing the proceedings.

Earlier also, the State Government tendered an unconditional apology before the High Court for not complying with its direction of recovery of damages from the banned PFI and its Secretary. The government informed the Court that they will seize the items found by the registration department before January 15 at that time.
Court also ordered at that time to make PFI State Secretary Abdul Sathar an accused in all the cases registered in the state in connection with the illegal hartal.

If Rs 5.20 crore is not deposited within two weeks, the state government can initiate recovery proceedings, the Court said earlier.