Visrutha Kuries And Loans Ltd vs Union Of India on 17 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1064 of 2004()


1. VISRUTHA KURIES AND LOANS LTD.
                      ...  Petitioner

                        Vs



1. UNION OF INDIA, REP. BY SECRETARY TO
                       ...       Respondent

2. THE STATE OF KERALA, REP. BY SECRETARY

3. THE INSPECTOR GENERAL OF REGISTATION,

4. THE RESERVE BANK OF INDIA, REP. BY

                For Petitioner  :SRI.P.V.CHANDRA MOHAN

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :17/11/2008

 O R D E R
                 H.L.DATTU, C.J. & A.K.BASHEER, J.
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                            W.A.No. 1064 OF 2004
                                           and
                     C.M. Application No. 1044 OF 2004
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                  Dated this the 17th day of November 2008

                                    JUDGMENT

H.L.DATTU, C.J.

Memo filed by the learned counsel for the appellant to delete the

4th respondent from the array of parties is taken on record. In view of the

memo, the appellant is permitted to delete the 4th respondent from the

array of parties, at his own risk.

2. Delay in filing the writ appeal is condoned, since the issue

raised is covered by a decision of a Division Bench of this Court.

3. This appeal is directed against the orders passed by a learned

Single Judge in WP(C) No. 24931 of 2003 dated 18.12.2003. By the

impugned order the learned Single Judge has sustained the vires of

Sub-section (1) (a) of Section 4 of the Kerala Chitties Act as introduced

by Finance Act 7 of 2002.

4. The common order passed by the learned Single Judge was

called in question before the Division Bench of this Court. The Division

Bench has allowed the writ appeals and has declared that sub-section

(1) (a) of Section 4 of the Kerala Chitties Act, as introduced by Finance

Act 7 of 2002, as discriminatory and violative of Article 19(1)(g) of the

WA No.1064 of 2004
-:2:-

Constitution of India and beyond the legislative competence of the State

Legislature and would not bind the chitties started and conducted outside the State

of Kerala and, therefore, void and unconstitutional.

5. In view of the declaration of law made by a Division Bench of this

Court, the writ appeal requires to be allowed and accordingly it is allowed in the

same terms and observations made therein.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE

ttb./dk