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SAUHARDA KURIES & LOANS (P) LTD. versus UNION OF INDIA

High Court of Kerala

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SAUHARDA KURIES & LOANS (P) LTD. v. UNION OF INDIA - WA No. 1427 of 2004 [2007] RD-KL 13550 (19 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 1427 of 2004()

1. SAUHARDA KURIES & LOANS (P) LTD.,
... Petitioner

Vs

1. UNION OF INDIA,
... Respondent

2. STATE OF KERALA,

3. INSPECTOR GENERAL OF REGISTRATION,

4. RESERVE BANK OF INDIA,

For Petitioner :SRI.DILIP J. AKKARA

For Respondent :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.H.L.DATTU The Hon'ble MR. Justice K.T.SANKARAN

Dated :19/07/2007

O R D E R

H.L.Dattu,C.J. & K.T.Sankaran,J.

W.A.No.1427 of 2004

Dated, this the 19th day of July 2007



JUDGMENT

K.T.Sankaran,J.

This Writ Appeal arises out of the judgment in W.P.(C). No.17492 of 2003. The reliefs prayed for in the writ petition were as follows:

"A. Declare that sub-section 1(a) to Section 4 of the Kerala Chitties Act 1975 is unconstitutional and void; B. Issue a Writ of Mandamus or such other appropriate Writ, Order or Direction commanding the 1st respondent to exercise its powers under section 1(3) of the Chits Funds Act 1982 to notify the said Act within the State of Kerala forthwith; and C. Grant such other or further reliefs as the petitioner may pray for and this Honourable Court may deem fit and proper under the circumstances of the case". The Writ Petition was disposed of along with several other connected writ petitions as per judgment dated 18.12.2003.

2. The common judgment dated 18.12.2003 passed by the learned Single Judge was subject matter of appeal in Dharmodayam Company v. Union of India [2005 (3) KLT 332]. The Division Bench disposed of the Writ Appeals holding thus: "Under the above mentioned circumstances, we are inclined to

set aside the judgment of the learned Single Judge and allow all these appeals. We hold that sub-s.(1)(a) of S.4 of the Kerala Chitties Act introduced by the Finance Act 7 of 2002 is discriminatory and violative of Art.19(1)(g) of the Constitution of India and beyond the legislative competence of the State Legislature and would not bind chitties started and conducted outside the State of Kerala and therefore declared void and unconstitutional". W.A.No.1427 of 2004 - 2 -

3. We are in respectful agreement with the decision of the Division Bench in Dharmodayam Company case (supra). Following the aforesaid decision, we dispose of this Writ Appeal in terms of the said judgment. Ordered accordingly. H.L.Dattu Chief Justice K.T.Sankaran Judge vku/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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