IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 22984 of 2009(P) ----------------------------------- PETITIONER(S): ----------------------- ANABAS SCHOOL OF YOGA PVT.LTD, SRUTHI VILLA, KURAKKANNI, VARKALA, THIRUVANANTHAPURAM-695 141, REP.BY ITS MANAGING DIRECTOR. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REP.BY THE SECRETARY, DEPARTMENT OF LAND REVENUE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM 4. THE TAHSILDAR, CHIRAYINKEEZH, THIRUVANANTHAPURAM. 5. THE VILLAGE OFFICER, EDAVA, CHIRAYINKEEZH, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22984 of 2009 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the Certificate of Incorporation. Ext.P2 :- Coy of the Memorandum of Association of the petitioner. Ext.P3 :- Copy of th Articles of Association of the petitioner. Ext.P4 :- Copy of the order dated 10.4.07 passed by the Registrar of Companies. Ext.P5 :- Copy of the letter dated 11.12.08 issued by the Reserve Bank of India. Ext.P6 :- Copy of Form No.32 dated 15.3.07 filed with Registrar of Companies. Ext.P7 :- Copy of the sale deed No.2114/07 dated 24.5.07 of SRO Varkala. Ext.P8 :- Copy of the Receipt dated 5.6.07 issued by the 5th respondent. Ext.P9 :- Copy of the order dated 16.6.09 passed by the Lok Ayukta. Ext.P10 :- Copy of the letter No.FE.CHN.NRFID/585/65.01.97/2009-10 dated 17.8.2009 issued by the Reserve Bank of India, Foreign Exchange Department, Ernakulam. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.22984 of 2009 ----------------------------------- Dated this the 5th day of October 2010 J U D G M E N T Petitioner is a company incorporated under the provisions of Companies Act,1956. Ext.P1 is the certificate of Incorporation and Exts.P2 and P3 are the Memorandum and Articles of Association of the Company. 2. The company purchased a property having an extent of 50 cents situated in Re-Sy.No.609/9 and 609/9A of Edava Village in Chirayinkeezhu Taluk in Thiruvananthapuram District. When applications were made for mutating the property into the name of the Company, orders were not passed. Although the petitioner approached the Kerala Lok Ayuktha by filing Complaint No.130/2009, for orders directing to effect mutation, the attempt was not successful. It is in these circumstances, this writ petition has filed for directing the respondents to make necessary entries and to effect mutation in the name of the W.P.(C) No.22984 of 2009 -: 2 :- petitioner Company. 3. The learned Government Pleader reports that the District Collector vide his letter dated 1.7.2010 has issued directions to the Additional Tahasildar, Chirayinkeezhu to effect the mutation of the aforesaid property into the name of the petitioner company after observing the formalities provided in the Transfer of Registry Rules. Now that a direction as above has been issued by the District Collector, without examining the merits of the contention raised, this writ petition is disposed of recording the submission made by the learned Government Pleader and directing that if mutation is not already effected, the 4th respondent shall effect mutation of the property as sought for by the petitioner as expeditiously as possible at any rate, within four weeks from the date of production of a copy of this judgment. ANTONY DOMINIC, JUDGE. Jvt