Carefor Surgiclas Private Ltd vs The Village Officer
2022 Latest Caselaw 2685 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                        WP(C) NO. 953 OF 2022
PETITIONER:

          M/S.CAREFOR SURGICLAS PRIVATE LTD.
          AVINISSERY, VALLISSERY P.O,
          THRISSUR KERALA, 680 313,
          REPRESENTED BY ITS MANAGING DIRECTOR,
          MR. STEPHY JOHN, AGED 52 YEARS,
          S/O.A.G. JOHN,
          RESIDING AT ATTOKARAN HOUSE,
          T.T. ROAD, ANCHERY, THRISSUR, KERALA - 680 006.

          BY ADVS.
          SRI.BIJO FRANCIS
          SRI.JOSE KURIAKOSE (VILANGATTIL)
          SRI.LUIZ GODWIN D COUTH


RESPONDENTS:

    1     THE VILLAGE OFFICER
          AVINISSERY GROUP VILLAGE,
          PALISSERY, THRISSUR, KERALA - 680 027.

    2     REGISTRAR OF COMPANIES,
          OFFICE OF THE REGISTRAR OF COMPANIES,
          1ST FLOOR, COMPANY LAW BHAVAN,
          BMC ROAD, ERNAKULAM, KERALA - 682 021.

    3     DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL LANES,
          THRISSUR, KERALA - 680003.


          SRI. B.S SYAMANTHAK, GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 953 OF 2022
                                       2




                               T.R.RAVI, J.
                     ----------------------------------------
                       WP(C) NO.953 OF 2022
                   -------------------------------------------
              Dated this the 11th day of March, 2022

                           JUDGMENT

The prayer in the writ petition is for a direction to the

1st respondent to enter the current name of the petitioner as

Carefor Surgicals Private Ltd in Thandaper register

maintained by the 1st respondent concerning immovable

property of 01.42 Ares, 03.84 Ares, 02.22 Ares and 06.37

Ares in Survey No.559/9 of Avinissery Village, Thrissur

Taluk. In Ext.P7, the District Collect has directed the

Tahsildar to ensure the correctness of the documents which

have been produced by the petitioner and make necessary

correction in the register. By Ext.P6, the Village Officer has

informed the Managing Director of the petitioner that it is

not clear whether the previous Company had any liabilities

and that there is no title deed regarding the transfer in the

name of the petitioner Company and the petitioner can only

be permitted to pay the tax along with M/s.AHHA Polymers WP(C) NO. 953 OF 2022

Private Ltd whose name appearing in the register and

named AHHA Polymers Private Ltd cannot be removed from

the Thandaper register. Ext.P1 is a resolution whereby the

name of the company was changed from M/s.AHHA

Polymers Private India Ltd to Carefor Surgicals Private Ltd.

On the basis of the resolution, necessary changes have been

brought about in the records of the Registrar of Companies

which is seen from Ext.P2 certificate of incorporation

pursuant to change of name. Ext.P3 is the Memorandum of

Association of the Company in the changed name. It is thus

clear that the ownership of the property has not changed in

any manner and it is only the name of the Company which

has been changed in accordance with the process

prescribed by law.

In such circumstances, the reasoning in Ext.P6 cannot

be sustained. The writ petition is hence allowed. The 1 st

respondent is directed to enter the current name of the

petitioner as Carefor Surgicals Private Ltd in the Thandaper

register maintained by the 1st respondent regarding the WP(C) NO. 953 OF 2022

properties of the extent of 01.42 Ares, 03.84 Ares, 02.22

Ares and 06.37 Ares standing in the name of the petitioner

in Survey No.559/9 of Avinissery Village, Thrissur Taluk,

removing the earlier name M/s.AHHA Polymers Private Ltd.

Necessary orders shall be issued within one month from the

date of receipt of a copy of this judgment.

Sd/-

                                              T.R.RAVI
sn                                             JUDGE
 WP(C) NO. 953 OF 2022


                    APPENDIX OF WP(C) 953/2022

PETITIONER'S EXHIBITS

Exhibit P1              TRUE COPY OF THE RESOLUTION DATED 11.08.2021

AUTHORISING THE MANAGING DIRECTOR OF THE PETITIONER TO REPRESENT THE PETITIONER.

Exhibit P2 CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 21.04.2021, APPROVING THE CHANGE IN THE NAME OF THE PETITIONER FROM AHHA POLYMERS PRIVATE LTD, TO CAREFOR SURGICALS PRIVATE LTD.

Exhibit P3 MEMORANDUM OF ASSOCIATION OF THE PETITIONER COMPANY, DATED 18.03.2008.

Exhibit P4 ARTICLES OF ASSOCIATION OF THE PETITIONER COMPANY DATED 18.03.2008.

Exhibit P5 LAND TAX RECEIPT ISSUED BY THE 1ST RESPONDENT IN THE FORMER NAME OF THE PETITIONER, DATED 4.2.2009.

Exhibit P6 LETTER DATED 27.12.2021 FROM THE 1ST RESPONDENT TO THE PETITIONER REFUSING THE MUTATION IN THE NAME OF THE PETITIONER FROM ITS OLD NAME IN THE THANDAPER REGISTER.

Exhibit P7 LETTER BY THE 3RD RESPONDENT TO THE TAHSILDAR (LAND RECORDS) THRISSUR DATED 03.12.2021.

RESPONDENT'S EXHIBITS       :     NIL



                  //TRUE COPY//                PA TO JUDGE