IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WA.No. 1064 of 2004 --------------------- AGAINST THE JUDGEMENT IN WPC.24931/2003 DATED 18.12.2003 .................... APPELLANT: PETITIONER IN THE W.P.C. -------------------------------------------------------- VISRUTHA KURIES AND LOANS LTD. POOTHOLE, THRISSUR REPRESENTED BY MANAGING DIRECTOR, V.MURALEEDHARAN. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS: RESPONDENTS. ---------------------------------------------- 1. UNION OF INDIA, REP. BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF ECONOMICS AFFAIRS (BANKING DIVISION), SOUTH BLOCK, NEW DELHI. 2. THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE INSPECTOR GENERAL OF REGISTATION, GOVERNMENT OF KERALA, TRIVANDRUM. * 4. THE RESERVE BANK OF INDIA, REP. BY ASSISTANT GENERAL MANAGER, DEPARTMENT OF NON- BANKING SUPERVISION, CENTRAL OFFICE, 2ND FLOOR, WOULD TRADE CENTRE, CUFFE PARADE, COLLABE, MUMBAI 400 005. (R4 IS DELETED FROM THE PARTY ARRAY AS PER MEMO FILED BY COUNSEL FOR THE APPELLANT) R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R2 & R3 BY GOVERNMENT PLEADER, SRI.VINOD CHANDRAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1064 OF 2004 and C.M. Application No. 1044 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November 2008 JUDGMENT H.L.DATTU, C.J. Memo filed by the learned counsel for the appellant to delete the 4th respondent from the array of parties is taken on record. In view of the memo, the appellant is permitted to delete the 4th respondent from the array of parties, at his own risk. 2. Delay in filing the writ appeal is condoned, since the issue raised is covered by a decision of a Division Bench of this Court. 3. This appeal is directed against the orders passed by a learned Single Judge in WP(C) No. 24931 of 2003 dated 18.12.2003. By the impugned order the learned Single Judge has sustained the vires of Sub-section (1) (a) of Section 4 of the Kerala Chitties Act as introduced by Finance Act 7 of 2002. 4. The common order passed by the learned Single Judge was called in question before the Division Bench of this Court. The Division Bench has allowed the writ appeals and has declared that sub-section (1) (a) of Section 4 of the Kerala Chitties Act, as introduced by Finance Act 7 of 2002, as discriminatory and violative of Article 19(1)(g) of the WA No.1064 of 2004 -:2:- Constitution of India and beyond the legislative competence of the State Legislature and would not bind the chitties started and conducted outside the State of Kerala and, therefore, void and unconstitutional. 5. In view of the declaration of law made by a Division Bench of this Court, the writ appeal requires to be allowed and accordingly it is allowed in the same terms and observations made therein. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE ttb./dk