The High Court of Kerala has directed the state government to attach the properties of office-bearers of now banned organisation, Popular Front of India (PFI), for recovery of Rs 5.20 crore as damages for the flash hartal organised by them on September 22 last year.
The Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. noted that the state had issued notices to the office-bearers, including PFI Secretary Abdul Sathar, asking them to showcause as to why their properties need not be attached.
The Counsel appearing for the state contended that it was merely complying with the Court’s previous order to initiate recovery proceedings, as per the Revenue Recovery Act.
The High Court observed that this was the wrong way to proceed and clarified that its directions to the state were to proceed against the properties of PFI office-bearers since they had not complied with the Court’s earlier directions to deposit an amount of Rs 5.20 crore.
The Bench noted that the issuance of showcause notice was unnecessary.
It said the government should have straight away proceeded to attach the properties and bring them to sale for realisation of the aforesaid amount of Rs 5.20 crore by following the procedure under Section 35 of the Revenue Recovery Act, which would squarely apply in the instant case.
The High Court said that the provisions of the Revenue Recovery Act in its earlier orders had to be taken as a reference, which were applicable on the facts in the instant case, and which would enable the state government to promptly effect a sale of the properties belonging to the persons aforementioned for realisation of the amount aforementioned.
The procedures under the said Act such as Sections 7 and 34 that were designed to protect the owners of properties need not be invoked in case of the additional 12th and 13th respondents as also the office bearers of the organisation concerned since they were admittedly defaulters of the directions issued by the Bench, as explained in the order.
The High Court directed the state government to submit a report with district-wise details of the properties attached by January 23.