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2024 Supreme(Online)(KER) 35250
HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
N A ABRAHAM – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 3730/2024
P.VIJAYAKUMAR, C.R.REGHUNATHAN, M.V.ASHIM, R.BALAKRISHNAN, B.HARRYLAL, K.R.RANJITH, SMT. M.K. PUSHPALATHA
The appointment of a Regulator under the BUDS Act rendered the writ petition infructuous, with any disputes regarding the Regulator's competence to be addressed separately.
Headnote:(A) Banning of Unregulated Deposit Schemes Act, 2019 - Section 27 - Appointment of a Regulator - Petitioners sought the appointment of a Regulator under the BUDS Act for filing complaints regarding irregularities in the BSNL Engineers Co-operative Society - A Regulator was appointed during the pendency of the writ petition, rendering the grievance redressed. (Paras 1-4)
(B) Writ Petition - Scope - The writ petition became infructuous upon the appointment of a Regulator, and any disputes regarding the competence of the appointed Regulator must be addressed separately. (Paras 3-4)
Facts of the case:
The petitioners sought the appointment of a Regulator under the BUDS Act concerning Crime No.81/2023, and an order was produced appointing a Regulator during the proceedings.
Findings of Court:
The appointment of a Regulator addressed the petitioners' grievance, making the writ petition infructuous.
Issues: The main issue was the appointment of a Regulator under the BUDS Act and the competence of the appointed individual.
Ratio Decidendi: The court held that the appointment of a Regulator rendered the writ petition infructuous, and any concerns regarding the competence of the Regulator should be pursued separately.
Result: Writ petition disposed of.
JUDGMENT
The petitioners sought for the appointment of a Regulator as mandated under Section 27 of the Banning of Unregulated Deposit Schemes Act, 2019 , (hereinafter referred to as the ‘BUDS Act’ for short) for enabling prompt filing of complaint under Section 4 of the BUDS Act, before the Competent Court in respect of Crime No.81/2023 of Crime Branch, Thiruvananthapuram.
2. During the pendency of this writ petition, a memo has been filed by the learned Government Pleader pursuant to the directions of this Court, producing an order dated 26.06.2024, appointing the Additional Registrar General of the Co-operative Societies to act as a ‘Regulator’ under the BUDS Act in relation to the irregularities in the BSNL Engineers Co-operative Society, Trivandrum.
3. Since a Regulator has been appointed, the grievance raised in this writ petition stands practically redressed. However, Sri.P.Vijayakumar, the learned counsel for the petitioner contended that doubts have arisen over the competence of the person appointed as a Regulator and the same is under consideration of the Government. 4. Notwithstanding the above submissions of the learned counsel for the petitioner, I am of the view that since the scope of this writ petition is only with regard to the appointment of the Regulator and since such an appointment has been made, the writ petition has practically become infructuous. If any person is aggrieved by the appointment of the person as a Regulator or have any dispute regarding his competence, the same is a matter which will have to be agitated separately. Reserving the aforesaid liberty this writ petition is disposed of, observing that the Regulator so appointed will act in accordance with law as per the provisions of the BUDS Act.
