Kerala High Court
Arifa Beevi M vs The State Of Kerala on 26 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:66120
WP(C) NO. 25008 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 26TH DAY OF AUGUST 2025 / 4TH BHADRA, 1947
WP(C) NO. 25008 OF 2025
PETITIONERS:
1 ARIFA BEEVI M
AGED 48 YEARS
R/O VENGALATH VEETTIL BALUSSERI, KOZHIKODE, PIN
- 673612
2 RUGMINI R
AGED 52 YEARS
R/O KUNNUMPURAM HOUSE, MELARCODE, PALAKKAD, PIN
- 678703
3 STATE HUMAN RIGHTS PROTECTION CENTRE
REG NO. R 389/2003, VELLIKKULANGARA, THRISSUR
DISTRICT NAYARANGADI P.O, THRISSUR DISTRICT,
KERALA REPRESENTED BY SECRETARY, PIN - 680721
BY ADVS.
SRI.JOSE ABRAHAM(J-1406)
SRI.E.ADITHYAN
SHRI.MURALEEDHARAN R.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, STATE OF KERALA
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
DISTRICT., PIN - 695001
2 THE STATE POLICE CHIEF
STATE POLICE HEADQUARTERS,VELAYAMBALAM CITY,
2025:KER:66120
WP(C) NO. 25008 OF 2025
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THIRUVANANTHAPURAM., PIN - 695010
BY ADV. SMT. SHYLAJA S.L., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:66120
WP(C) NO. 25008 OF 2025
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N. NAGARESH, J.
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W.P.(C) No.25008 of 2025
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Dated this the 26th day of August, 2025
JUDGMENT
Petitioners state that they are in association with the State Human Rights Protection Centre, which is a registered Society engaged in human rights issues.
2. Petitioners are seeking direction to the 1 st respondent to transfer confiscated documents in relation to PACL Scam to Justice (Retd.) RM Lodha Committee.
3. A company named Pearls Agrotech Corporation Limited (PACL) was instrumental in a Scam. Huge amounts of public funds were amassed by them and diverted. With the tainted money, the company purchased assets in various parts of the country.
4. When the issue came up before the Hon'ble Apex Court, the Hon'ble Apex Court appointed Justice (Retd.) RM 2025:KER:66120 WP(C) NO. 25008 OF 2025 4 Lodha Committee to look into the matter with a mandate to sell the assets in the name of the company, so that the amounts recovered can be given to the citizens who were cheated by the company.
5. The petitioners submit that in Kerala, certain property documents of the PACL have been seized by the Police in connection with the investigation into the crimes committed by the company and its officers. If those title documents are forwarded to Justice (Retd.) RM Lodha Committee, citizens who have lost money will be benefited. Retaining the documents with the Police or Courts, is not going to help the affected citizens in any manner.
6. Government Pleader entered appearance and resisted the writ petition. The Investigating Officer has filed a statement dated 05.08.2025 relating to the crimes committed by the PACL in Kannur District. It is submitted that the investigation conducted revealed the elements of offences under Section 420 IPC. A report has been submitted by the 2025:KER:66120 WP(C) NO. 25008 OF 2025 5 then Investigating Officer for adding Section 420 IPC in the charge sheet. During the course of investigation, it was revealed that the company was registered under the Companies Act under Registrar of Companies, Jaipur, Rajasthan and hence the registration particulars were seized and submitted before the Court. The transaction statement of the Bank account in the name of the company was collected and it is revealed that Crores of rupees were deposited into these accounts and a considerable part of the amount have been withdrawn.
7. The Investigating Officer had also collected the land registration details which are claimed by the company as its property and it was revealed that all the depositors are victims of the fraud committed by the company. The case is at the final stage of investigation. Several victims belonging to Kannur, Kozhikode and Malappuram districts were identified and questioned. The payment related documents such as Registration letter, payment receipts, Letter of allotment of 2025:KER:66120 WP(C) NO. 25008 OF 2025 6 plots etc. which were in possession of some of these persons, were seized in connection with the investigation by the then Investigating Officers and were returned to the respective persons on same day of its seizure, on proper acknowledgment, as the same has to be produced before Justice (Rtd.) RM Lodha Committee.
8. The original documents received from Sri.K. Krishnan, S/o Ganapathi, Koonoomkunnu House, Karuvancherry, Anakkayam, Malappuram, was seized by the then Investigating Officer on 28.07.2011, was subsequently produced before the Judicial First Class Magistrate Court-1, Thalasserry. Other documents and records seized during the course of investigation in the case are presently with the custody of the Judicial First Class Magistrate Court -1, Thalasserry.
9. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.
2025:KER:66120 WP(C) NO. 25008 OF 2025 7
10. The contention of the respondents is that crimes have been registered when criminal offences were brought to their notice. Some of the documents are returned to the respective persons on proper acknowledgment as those documents were to be produced by them before Justice (Rtd.) RM Lodha Committee. Certain original documents were subsequently produced before the Judicial First Class Magistrate Court -1, Thalasserry.
11. Be that as it may, it is not in dispute that certain documents were seized by the Kerala Police in connection with the investigation into the crimes committed in relation to the PACL Scam. The Investigating Officer would submit that some of the documents were returned to the parties to enable them to produce it before Justice (Rtd.) RM Lodha Committee. Certain documents are produced before the Judicial First Class Magistrate Court -1, Thalasserry.
12. I find that the petitioners have preferred Ext.P7 representation before the 1st respondent in this regard. The 2025:KER:66120 WP(C) NO. 25008 OF 2025 8 petitioners being a Human Right Organisation is trying to help the citizens who are at the receiving end of the PACL Scam.
13. In such circumstances, I am of the view that the 1 st respondent can indeed look into Ext.P7 representation submitted by the petitioners and if necessary, can take steps to obtain the title documents from the competent Courts, in order to forward the same to Justice (Rtd.) RM Lodha Committee, which is a Committee appointed by the Hon'ble Apex Court.
In the circumstances, the writ petition is disposed of directing the 1st respondent to consider Ext.P7 representation and take appropriate decisions thereon within a period of three months from the date of receipt of a copy of this judgment.
Sd/-
N. NAGARESH JUDGE Mn 2025:KER:66120 WP(C) NO. 25008 OF 2025 9 APPENDIX OF WP(C) 25008/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE MEMBERSHIP CARD OF ARIFA BEEVI M IN THE PETITIONER ASSOCIATION Exhibit P2 A TRUE PHOTOCOPY OF THE RENEWAL SUBSCRIPTION RECEIPT ISSUED BY PACL INDIA LTD IN THE NAME OF ARIFA BEEVI M, DATED 31.10.2008 Exhibit P3 A TRUE PHOTOCOPY OF THE MEMBERSHIP CARD OF RUGMINI R IN THE PETITIONER ASSOCIATION Exhibit P4 TRUE PHOTOCOPY OF THE RENEWAL SUBSCRIPTION RECEIPT WITH THE PACL INDIA LTD IN THE NAME OF RUGMINI R DATED 31.10.2011 Exhibit P5 TRUE COPY OF THE JUDGMENT IN WP (C) NO. 24636 OF 2023 OF THIS HON'BLE COURT DATED 27.07.2023 Exhibit P6 TRUE COPY OF THE COMPLIANCE ORDER DATED 04.09.2024 Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 12.03.2025 SUBMITTED BY THE 3RD PETITIONER BEFORE THE RESPONDENT NO.1 Exhibit P8 TRUE COPY OF THE CERTIFICATE OF REGISTRATION