IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 OP.No. 33158 of 2002(V) --------------------------------- PETITIONER(S): ------------------------- THE SUBURBAN CHIT FUNDS (P) LTD, TRICHUR REPRESENTED BY ITS DIRECTOR AND CHIEF EXECUTIVE OFFICER - K.C.JOSEPH, SON OF CHACKO, RESIDING AT KAINIKKARA HOUSE, CHUVANNAMANNU, TRICHUR. BY ADV. SRI.R.S.KALKURA RESPONDENT(S): ------------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF ECONOMIC AFFAIRS (BANKING DIVISON), SOUTH BLOCK, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. INSPECTOR GENERAL OF REGISTRATION, GOVERNMENT OF KERALA, TRIVANDRUM. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R2,3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. 56158/2002 IN OP. NO.33158/2002 DISMISSED 05.11.2008 SD/- KURIAN JOSEPH, JUDGE EXTS. NIL. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- O.P.No.33158 of 2002 ----------------------------------------- Dated this the 5th day of November, 2008 JUDGMENT The issue regarding the validity of Section 4(1)(a) of the Kerala Chitties Act, 1975 and notification of the Chit Funds Act 1982 is covered by the decision of this court in Dharmodayam Company v. Union of India, 2005(3) KLT 332. Therefore, the writ petition is allowed in terms of the first prayer rejecting the second prayer. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.33158 of 2002 ----------------------------------- JUDGMENT 5th November, 2008