K. Nambikumar vs The Registrar Of Companies
2021 Latest Caselaw 6501 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                       WP(C).No.2306 OF 2021(K)


PETITIONERS:

      1        K. NAMBIKUMAR, AGED 69 YEARS,
               S/O. LATE KRISHNA SWAMY REDDIAR,
               RESIDING AT KUMAR VILAS, M. O. WARD,
               ALAPPUZHA - 688 012,
               REP. BY ITS POWER OF ATTORNEY HOLDER, HAMID YAFI,
               AGED 59 YEARS, S/O. ABDUL KHADAR YAFI,
               RESIDING AT POOPARAMBU, CIVIL STATION WARD,
               ALAPPUZHA - 688 012.

      2        K. SANKAR,
               S/O. LATE KRISHNA SWAMY REDDIAR,
               RESIDING AT KUMAR VILAS, M. O. WARD, ALAPPUZHA,
               REP. BY ITS POWER OF ATTORNEY HOLDER, HAMID YAFI,
               AGED 59 YEARS, S/O. ABDUL KHADAR YAFI,
               RESIDING AT POOPARAMBU, CIVIL STATION WARD,
               ALAPPUZHA - 688 012.

      3        S. SETHU,
               D/O. LATE KRISHNA SWAMY REDDIAR,
               RESIDING AT KUMAR VILAS, M. O. WARD,
               ALAPPUZHA - 688012,
               REP. BY ITS POWER OF ATTORNEY HOLDER, HAMID YAFI,
               AGED 59 YEARS, S/O. ABDUL KHADAR YAFI,
               RESIDING AT POOPARAMBU, CIVIL STATION WARD,
               ALAPPUZHA - 688 012.

               BY ADV. SRI.C.K.SREEJITH


RESPONDENTS:

      1        THE REGISTRAR OF COMPANIES,
               DEPARTMENT OF CORPORATE AFFAIRS, 1ST FLOOR,
               COMPANY LAW BHAVAN, BMC ROAD,
               THRIKKAKARA, KOCHI - 682 021.
 WP(C).No.2306 OF 2021(K)

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       2      VILLAGE OFFICER,
              PARAVOOR, AMBALAPPUZHA TALUK,
              ALAPPUZHA DIST. - 688 561.

       3      TAHSILDAR
              AMBALAPPUZHA TALUK, ALAPPUZHA DIST. - 688 561.

              BY ADVS. SMT.CHANDINI G.NAIR, CGC
                       SMT.VINITHA.B, GP,
                       SRI.P. VIJAYAKUMAR, ASGI

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2306 OF 2021(K)

                                         3




                                 JUDGMENT

The writ petition is filed seeking

the following reliefs:

"(i) Issue a writ of mandamus or such other writ or direction directing the 1st respondent to issue certificate showing that the property in as Ext.P1 is not belongs to the company namely "M/s.Kerala Rubber Plantations and Industries Ltd."

(ii)issue writ of mandamus or such other writ or direction directing the 1st respondent to dispose of Ext.P7 representation, the request of certificate within such time that this Hon'ble High Court may deem fit to grant in the facts and circumstances of the case.

(iii)issue any other relief that this Hon'ble High Court may deem fit to grant in the facts and circumstances of the case."

WP(C).No.2306 OF 2021(K)

2. When it was pointed out to the

petitioner that Ext.P7 was addressed to one

Kamal Harjan (ROC, Delhi), petitioner has

produced Ext.P8 representation along with

I.A.No.1/2021 stated to have been submitted

on 17.07.2020. In this representation, the

petitioner requests for a certificate

relating to the assets of the Company and

especially regarding certain properties

mentioned therein.

3. Smt.Chandini.G.Nair, learned CGC,

submits that if the petitioner submits

application in accordance with law for

certified copies of the documents, which are

filed with the 1st respondent, copies of the

same would be furnished and the Registrar of

Companies is not competent to issue any

certificate regarding any particular

property or its ownership. WP(C).No.2306 OF 2021(K)

Therefore, petitioner would be free

to approach the appropriate authorities, in

case any document is necessary.

Accordingly, the writ petition is

disposed of.

Sd/-

P.V.ASHA JUDGE WW WP(C).No.2306 OF 2021(K)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER BY OFFICE OF THE REGISTRAR OF COMPANIES DATED 25.04.2012.

EXHIBIT P2 THE TRUE COPY OF THE DOCUMENT NO.939/1962 ON THE FILE OF SRO, AMBALAPPUZHA.

EXHIBIT P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO.745/2019 ISSUED BY THE VILLAGE OFFICER DATED 29.05.19.

EXHIBIT P4 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PARAVOOR DATED 29.05.2019.

EXHIBIT P5 THE TRUE COPY OF THE RELEVANT PAGE OF STATEMENT OF ACCOUNT OF THE KERALA RUBBER PLANTATIONS & INDUSTRIES LTD. DATED 30.08.2010.

EXHIBIT P6 THE TRUE COPY OF THE CERTIFICATE OF INHERITANCE ISSUED BY THE TAHSILDAR, TALUK OFFICE, AMBALAPPUZHA NO.KDS.742/2001/A2 DATED 17.08.2001.

EXHIBIT P7 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONERS TO SRI.KAMAL HARJAN (ROC, DELHI), REGISTRAR OF COMPANY DATED 12.06.2020 DATED THIS THE 6TH DAY OF JANUARY 2021.

EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION DT.

17/7/2020.

EXHIBIT P9 THE TRUE COPY OF THE LETTER DT. 14/8/2020.

EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION DT.

21/8/2020.