IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 9394 of 2009(T) ------------------------------ PETITIONER: -------------- ELDC TOURS & RESORT COMPANY PVT.LTD KUNNUMPURATHU VEEDU, OTTUR, MOOGODE P.O. VARKALA, THIRUVANANTHAPURAM - 695 144, REPRESENTING BY ITS MANAGING DIRECTOR, FALK LEHMANN. BY MR.SREEKANTH S.NAIR, ADVOCATE. RESPONDENTS: ------------------ 1. THE SUB REGISTRAR VARKALA, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF REGISTRATION, VANCHIOOR, THIRUVANANTHAPURAM. 3. THE RESERVE BANK OF INDIA LISSIE JUNCTION, ERNAKULAM - 692 018, REPRESENTED BY ITS GENERAL MANAGER. BY MR. M.A. ASIF, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 9394/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE CERTIFICATE OF REGISTRATION DTD. 25.2.09. EXT. P2 : COPY OF THE SALE DEED DTD. 2.3.09 JOINTLY EXECUTED BY MR.SREERANGANATHAN & MR.SIVADASAN. EXT. P3 : COPY OF THE LETTER DTD. 3.3.09. EXT. P4(a) &(b): COPY OF THE CIRCULARS DTD. 1.1.09 AND 10.7.06. EXT. P5 : COPY OF THE LETTER DTD. 5.5.08. EXT. P6 : COPY OF THE JUDGMENT DTD. 3.2.09 IN W.P.(C) No.39949/2008. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.9394 of 2009 --------------------------------- Dated, this the 31st day of March, 2009 J U D G M E N T Prayer sought in this writ petition is to direct registration of Ext.P2 sale deed executed in favour of the petitioner, that was declined to be done as per Ext.P3. It is in these circumstances, the writ petition has been filed. 2. The view taken in Ext.P3 is that the land is sought to be registered in favour of a foreigner and that the same cannot be done. However, a reading of the sale deed itself show that the purchaser is a company incorporated in India in terms of the provisions contained under the Companies Act, 1956. If that be so, the provisions, which are applicable to a foreign citizen cannot apply to the petitioner company. This issue was considered by this Court in the judgment dated 03/02/2009 in WP(C) No.30949/2008, a copy of which is Ext.P6. 3. Having regard to the above, the writ petition is disposed of quashing Ext.P3 and it will be open to the petitioner to produce the original of Ext.P2 sale deed, in which case the 1st respondent WP(C) No.9394/2009 -2- shall take necessary steps for its registration, provided the sale deed satisfies all other requirements. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg