Kerala High Court
Kuttanad Credits And Investments Pvt vs State Of Kerala And Others on 7 September, 2021
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W(C) NO. 22449 OF 2008 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
WP(C) NO. 22449 OF 2008
PETITIONER/S:
KUTTANAD CREDITS AND INVESTMENTS PVT.
I FLOOR, BHAGHEERATHA SANTHWANA, NEW SREE, SUDHEENDRA
MISSION HOSPITAL, ERNAKULAM -18,, REP. BY ITS
MANAGING DIRECTOR, M.K. CHACKO.
BY ADV SRI.R.RAMADAS
RESPONDENT/S:
1 STATE OF KERALA AND OTHERS
SECRETARY TO GOVERNMENT, GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM.
2 THE SECRETARY TO GOVERNMENT
TAXES DEPARTMENT, GOVERNMENT OF KERALA,,
THIRUVANANTHAPURAM.
3 THE COMMISSIONER OF COMMERCIAL TAXES
GOVERNMENT OF KERALA,, THIRUVANANTHAPURAM.
4 THE INSPECTING ASSISTANT COMMISSIONER
COMMERCIAL TAXES,, ERNAKULAM, KOCHI-30.
5 THE DEPUTY COMMISSIONER INT.
DEPARTMENT OF COMMERCIAL TAXES,, EDAPPALLY, KOCHI-24.
6 THE DEPUTY GENERAL MANAGER
RESERVE BANK OF INDIA,, DEPARTMENT OF NON - BANKING
SUPERVISION,, THIRUVANANTHAPURAM.
BY SRI.T.P.SAJAN, SPL. GP (FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W(C) NO. 22449 OF 2008 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.22449 of 2008
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Dated this the 7th day of September, 2021
JUDGMENT
The above writ petition is filed with following prayers :
"a) Declare that the State of Kerala has no authority or jurisdiction to insist the petitioner to take a license under the KML Act for carrying on its business.
b) Declare that it is beyond the competence of the State Legislature to impose unreasonable restriction on the petitioner to carry on its business by invoking the provisions under the KML Act 1957, since the petitioner is a Hire Purchase and Leasing Company registered both under the Companies Act and R.B.I. Act and is controlled and governed by the provisions of the RBI Act.
c) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 5 not to insist the petitioner to take license under the KML Act 1957 for carrying on its business.
d) call for the records of the case leading upto Exts. P5 and P6 in so far as it is against the petitioner and to quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction.
And
e) pass any other appropriate writ, order or direction this Hon'ble Court may be deem fit to issue and the petitioner may pray from time to time."
2. Today, when the matter came up for consideration, the counsel for the petitioner conceded that the connected cases were already dismissed by the Single Judge and the W(C) NO. 22449 OF 2008 3 Division Bench of this Court. But, the counsel submitted that the judgments are challenged before the Supreme Court and the Supreme Court passed an interim order. In the light of the interim order passed by the Apex Court, this Court disposed another similar case on 11.1.2017 in W.P.(C.) No. 26530/2006. The counsel submitted that similar order may be passed in this case also.
3. Heard the learned counsel for the petitioner and the learned Government Pleader.
4. I perused the judgment dated 11.1.2017 in W.P.(C.) No. 26530/2006. The relevant portion of the judgment dated 11.1.2017 is extracted hereunder :
3. "Today, when the matter is taken up, learned counsel for the petitioner has produced an interim order dated 16.12.2009, whereby the judgments of this Court were stayed by the Apex Court, until further orders. Learned counsel for the petitioner submitted that, in this case, there is an interim order passed by this Court when the matter came up for admission and it is still in force and therefore, the writ petition can be closed by maintaining the interim order subject to the outcome of the aforesaid Special Leave Petitions.
4. I think it is only appropriate that, this writ petition, which is pending before this Court for the past ten years, and petitioner is continuing the business without taking a license under the Kerala Money Lenders Act in view of the interim order passed by this Court, will be guided by the orders to be passed in the Special Leave Petitions mentioned above. The interim order granted by this Court will continue depending upon the orders to be passed by the Apex Court in the Special Leave Petitions.
With the above observation, this writ petition is closed, however, subject to the result of the Special Leave Petitions." W(C) NO. 22449 OF 2008 4
5. I think a similar order can be passed in this writ petition also.
6. Therefore, this writ petition is disposed, retaining the interim order passed by this Court and will be guided by the orders to be passed in the Special Leave Petitions mentioned in the judgment dated 11.1.2017. The interim order granted by this Court will continue depending upon the orders to be passed by the Apex Court in the Special Leave Petitions. The respondents are free to take appropriate steps in accordance to law, based on the final decision of the Apex Court.
With the above observation, this writ petition is closed, however, subject to the result of the above Special Leave Petitions.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS W(C) NO. 22449 OF 2008 5 APPENDIX Exhibit P1. True copy of the Certificate Of Registration dated 15-9-1998 issued by the Reserve Bank of India Exhibit P2 True copy of the Certificate of Incorporation dated 17-11-1989 Exhibit P3. True copy of the letter dated 26-7-2005 issued by the Reserve Bank of India to the Principal Secretary, Finance Department Exhibit P4. True copy of Judgment dated 14.11.2005 in O.P. No. 10028/2001 Exhibit P5. _True copy of the GO No. 13365/ H2/05 dt: 10-2- 2006.
Exhibit P6. True copy of the notice dated 6-6-2008 Exhibit P7. True copy of the reply dated 13-6-2008 before the 5th respondent Exhibit P8. True copy of the order Interim order dated 8-3-2007 in Writ Appeal W.A.No.625/2007 Exhibit P9. True copy of the order dated 3-7-2007 in W.A. No. 625 / 2007 RESPONDENT'S EXHIBITS : NIL