IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 W.P(C).No. 14521 of 2008(D) -------------------------- PETITIONER: ------------ SUSHIL.V.A. @ SUSHIL V.ANTONY, VADASSERY HOUSE, 18/243, NADAKKADAVU ROAD, PALLURUTHY NADA, KOCHI-682 006. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT: ------------- THE REGISTRAR OF FIRMS, KERALA HAVING OFFICE AT VANCHIYOOR P.O., THIRUVANANTHAPURAM. BY SMT. N. SUDHA DEVI, GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 14521/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE PARTNERSHIP DEED DATED 5/03/2006. EXHIBIT P2: TRUE COPY OF THE RECONSTITUTED PARTNERSHIP DEED DATED 15/03/2007. EXHIBIT P3: TRUE COPY OF RECONSTITUTED PARTNERSHIP DEED DATED 1/04/2008. EXHIBIT P4: TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE COMMERCIAL TAX OFFICER DATED 29/05/2007. EXHIBIT P5: TRUE COPY OF THE ACKNOWLEDGEMENT CARD ISSUED BY THE DISTRICT INDUSTRIES CENTER, ERNAKULAM DATED 31/10/2007. EXHIBIT P6: TRUE COPY OF THE APPLICATION FOR REGISTRATION OF THE FIRM SUBMITTED BY THE PETITIONER TO THE RESPONDENT DATED 1/04/2008. /TRUE COPY/ P.A. TO JUDGE scm S.SIRI JAGAN, J ================== W.P (C) .No. 14521 of 2008 ================== Dated this the 9th day of July, 2008. J U D G M E N T The petitioner's grievance in this writ petition is that petitioner's application (Ext.P6) for registration of his partnership firm has been returned on the ground that the petitioner has not applied immediately after the formation of the firm. The petitioner therefore seeks the following relief: “issue a writ of mandamus or any other appropriate writ or direction to the respondent to accept Exhibit P6 application with the prescribed fee and to register the firm and issue the certificate of registration;” 2. The learned Government Pleader on instructions submits that the petitioner has filed an application for registration of the firm with the original partnership deed when the firm had already been reconstituted twice. According to the learned Government Pleader, registration can be granted only in respect of the reconstituted partnership and not the original partnership. W.P (C) .No. 14521 of 2008 - 2 - 3. After hearing both sides, I dispose of this writ petition with the following directions. If the petitioner files an application for registration of the firm as per the reconstituted partnership deed, the respondent shall accept and process the same in accordance with the rules regarding the registration of partnership firms. The same shall be completed within a period of two months from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE rhs