Xavier Kutty vs The State Of Kerala
2021 Latest Caselaw 15174 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                               &
           THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                      WA NO. 203 OF 2016
  AGAINST THE JUDGMENT IN WPC 6769/2015 OF HIGH COURT OF
               KERALA, ERNAKULAM DATED 7.10.2015
APPELLANTS/PETITIONERS IN WPC:

    1      XAVIER KUTTY
           PUTHETHU, BALAKRISHNA MENON ROAD, EDAPPALLY,
           ERNAKULAM DISTRICT, KOCHI 24.
    2      ALICE XAVIER KUTTY
           PUTHETHU, BALAKRISHNA MENON ROAD, EDAPPALLY,
           ERNAKULAM DISTRICT, KOCHI 24.
           BY ADVS.
           SRI.NIDHI BALACHANDRAN
           SRI.SABU GEORGE


RESPONDENT/S:

    1      THE STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           DEPARTMENT OF REGISTRATION, SECRETARIAT,
           THIRUVANANTHAPURAM 695 001
    2      THE REGISTRAR OF CHITS (INSPECTOR GENERAL OF
           REGISTRATION) DEPARTMENT OF REGISTRATION,
           VANCHIYOOR P.O, THIRUVANANTHAPURAM 35.
    3      DEPUTY INSPECTOR GENERAL OF REGISTRATION
           NORTH CENTRAL ZONE, ERNAKULAM 682 016.
    4      THE DEPUTY REGISTRAR OF CHITS (DISTRICT
           REGISTRAR (GENERAL))
           DEPARTEMNT OF REGISTRATION, ERNAKULAM 682 016.
   W.A.203/2016
                             2

    5      THE JOINT REGISTRAR OF CHITS PUNE & DEPUTY
           COMMISSIONER OF SALES TAX (LTUE-001),
           VIKRIKAR BHAVAN, JAIL ROAD, PUNE 411 006.
    6      SHEEBA KURIES LTD
           REPRESENTED BY ITS AUTHORISED OFFICER, SHEEBA
           CORPORATE HOUSE 41A, BHANU PATIL ROAD,
           PUNE 411 020.
    7      THE CHIEF MANAGER
           SHEEBA KURIES LTD, ARACKAL BUILDING,
           EDAPPALLY, ERNAKULAM 682 024.
           BY ADVS.
           SMT.KAVERY S THAMPI
           SRI.K.M.SATHYANATHA MENON


OTHER PRESENT:

           SRI. SURIN GEORGE IPE, SR GP FOR R1 - R5


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
    W.A.203/2016
                                      3


                             JUDGMENT

Dated this the 20th day of July, 2021

S. Manikumar, CJ.

Being aggrieved by the judgment in W.P(C). No.6769 of 2015

dated 7.10.2015, instant writ appeal is filed.

2. After considering the pleadings, submissions and material on

record, writ court vide judgment dated 7.10.2015, ordered thus:

"7. The 6th respondent is based in Pune. They approached the fifth respondent-Joint Registrar in Pune who invoking the powers in terms of the Act issued Exhibit.P5. Therefore, all facts emanates from the cause of action have arisen from Pune. Merely because the petitioners are residents of Kerala, those actions cannot be brought within the territorial jurisdiction of this Court. The Joint Registrar is exercising a quasi judicial power. That power is being questioned by the petitioners. Therefore, exercise of power by the Joint Registrar is the subject matter of the writ petition. The question whether the Joint Registrar has jurisdiction or not is a matter which requires a probe. But this Court cannot entertain the writ petitions as this Court has no territorial jurisdiction based on the residence of the petitioners. The petitioners have either to approach the Joint Registrar questioning his jurisdiction or appropriate Court having territorial jurisdiction to question jurisdiction of the Joint Registrar. Therefore, leaving open all issues, this Court W.A.203/2016

declines exercise of power under Article 226 of the Constitution to interfere with the summons issued by a competent Authority in another state. The writ petition is dismissed with the above observations."

3. On this day, when the matter came up for hearing, Mr. Nidhi

Balachandran, learned counsel for the appellant submitted that he is not

pressing the writ appeal.

Placing on record the above submission, this writ appeal is

dismissed as not pressed.

Sd/-

S. Manikumar, Chief Justice

Sd/-

Shaji P. Chaly, Judge sou.