IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 OP.No. 37715 of 2002(M) ------------------------------- PETITIONER(S): ----------------------- 1. ALL KERALA CHITTY FOREMEN'S ASSOCIATION, STATE COMMITTE OFFICE,A&K COMPLEX, SANKARAIYAR JUNCTION,POOTHOLE ROAD, THRISSUR-68004, REPRESENTED BY ITS CHAIRMAN ADV.JOSE CHEREATH. 2. KURILAND PRIVATE LIMITED, MANNADIAR LANE,THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR SRI.JOHNY, 3. THE KSHEMAVILASOM KURI COMPANY LIMITED, ROUND SOUTH,THRISSUR REPRESENTED BY ITS MANAGER SRI. PAUL. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.P.RAJKUMAR SRI.JOHN T. SEBASTIAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THEINSPECTOR GENERAL OF REGISTRATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, (IN CHARGE OF CHITS). 3. THE CHITTY INSPECTOR, TRICHUR. R1 & R2 BY GOVERNMENT PLEADER SRI. M.A.ASIF THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/05/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.63715/2002 IN OP. NO.37715/2002 DISMISSED 27/05/2010 SD/- S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE DTD. 24.10.2002 RECEIVED BY THE 2ND PETITIONER FROM R3. P2:- COPY OF THE NOTICE DTD. 21.10.02 RECEIVED BY THE 3RD PETITIONER FROM R3. P3:- COPY OF THE LIST OF MEMBER OF THE FIRST PETITIONER ASSOCIATION. P4:- COPY OF THE ADDITIONAL LIST OF MEMBERS OF THE IST PETITIONER ASSOCIATION. P5:- COPY OF THE ADDITIONAL LIST OF MEMBERS OF THE IST PETITIONER ASSOCIATION. P6:- COPY OF THE ADDL. LIST OF MEMBERS OF THE IST PETITIONER ASSOCIATION. P7:- COPY OF THE ADDL. LIST OF MEMBERS OF THE IST PETITIONER ASSOCIATION. TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 37715 of 2002 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2010 J U D G M E N T This writ petition is filed by the petitioners seeking the following reliefs: (i) To call for the records leading upto Exhibits P1 and P2 and quash the same by the issuance of a Writ of Certiorari or any other appropriate writ, order or directions. (ii) To declare that the directions contained in Exhibits P1 and P2 or similar exercise of power by the Chitty Inspectors in relation to the petitioners and the members of the first petitioner association are violative of Articles 14, 19 and 301 of the Constitution of India and therefore liable to be declared unconstitutional. (iii) To issue a Writ of Mandamus forbearing the respondents from taking any steps pursuant to Exhibits P1 or P2 or other provisions of the Kerala Chitties Act in respect of the chitties now conducted by the petitioners as any such action is patently unconstitutional and beyond the jurisdiction of the respondents. (iii) (a) To declare that the Section 3 (5) (b) of the Kerala Finance Act 7 of 2002 and Section 5 of the Act are unconstitutional, in that they are violative of Articles 14, 19 and 21 of the Constitution of India. 2. Identical questions have been considered by a Division Bench of this court in Dharmodayam Company v. Union of India (2005 (3) KLT 332) in W.A. No.500, 501 etc. O.P. No. 37715 of 2002 -2- of 2004 & connected cases wherein the Division Bench found that sub-section (1) (a) of Section 4 of the Kerala Chitties Act introduced by the Finance Act 7 of 2002 being discriminatory and violative of Article 19 (1) (g) of the Constitution of India and beyond the legislative competence of the State Legislature, the same would not bind chitties started and conducted outside the State of Kerala. In view of the same, this writ petition is also allowed in terms of the said judgment. I also record the submission of the learned Government Pleader that an SLP was filed against that judgment which is pending consideration by the Supreme Court. S. SIRI JAGAN JUDGE shg/