2023:KER:83246

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY,THE 21ST DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945
WP(C) NO. 43124 OF 2023
PETITIONER:

RAYBOW BUILDERS AND DEVELOPERS PVT. LTD.,

ROOM NO. 2/521, 2/541-A,
FATHIMA COMPLEX, NEAR PAVARATTY BUS STAND,
PAVARATTY, THRISSUR,
KERALA, INDIA,
REPRESENTED BY ITS DIRECTOR,
ABDUL RAHIM MOOSAKUTTY,
PIN – 680 507.

BY ADVS.
DIVYA C. BALAN
K.N.SUGATHAN
P.D.SUBRAMANIAN NAMPOOTHIRI

RESPONDENT:

VILLAGE OFFICER, CHERANALLOOR VILLAGE OFFICE,

SOUTH CHITTOOR, KANAYANNOOR TALUK,
ERNAKULAM DISTRICT,
KERALA, PIN – 682 027.

SMT. DEEPA NARAYANAN – SR. GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No.43124 OF 2023

JUDGMENT

The petitioner Company has filed this writ petition

for a direction to the respondent to effect mutation of

the property covered by Exts.P4 to P8 sale deeds in

their name. According to the petitioner, the said

Company was originally a Limited Liability Partnership

firm in the name and style of “E.P. Builders and

Developers LLP”. The partnership firm was later

converted to company as per Ext.P3 Certificate of

Incorporation dated 28.04.2021. Subsequently, the

name of the Company “E.P. Builders and Developers

Private Limited” was changed as “Raybow Builders And

Developers Pvt. Ltd.” In the year 2017, the aforesaid

partnership firm purchased the properties in

Cheranalloor Village covered by Exts.P4 to P8 sale

deeds from the Advocate Receiver appointed by this

Court by order dated 09.09.2016 in Report No.5 filed

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WP(C).No.43124 OF 2023

by the Receiver in C.P No.37/1998. After the purchase

of the properties, mutation was effected in the name

of the partnership firm and land tax was also paid as

evident from Exts.P9 to P13.

2. The grievance of the petitioner is that the

respondent has not taken any steps to mutate the

property in the name of the Company pursuant to

Ext.P14 application. The petitioner states that in view

of the provisions contained under Section 368 of the

Companies Act, there is no prohibition in effecting

mutation in the name of the Company. The petitioner

also refers to the decision of this Court in Park

Residency (M/s), Ekm. v. State of Kerala and

Others [2013 (1) KHC 767] and Ext.P15 judgment of

this Court in support of the said contention.

3. Heard the learned counsel for the petitioner

and the learned Government Pleader.

4. Since Ext.P14 application for mutation is

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WP(C).No.43124 OF 2023

pending before the respondent, there will be a

direction to the respondent to consider the same, as

expeditiously as possible, at any rate, within a period

of two months from the date of receipt of a copy of

this judgment, after hearing the petitioner and in

accordance with law.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN
JUDGE

SPR
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APPENDIX
PETITIONER’S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF
INCORPORATION DATED 28/09/2021 OF
REGISTRAR OF COMPANIES, ROC- ERNAKULAM.
EXHIBIT P2 TRUE COPY OF THE FORM 16, CERTIFICATE OF
INCORPORATION DATED 10/04/2017 OF
REGISTRAR OF COMPANIES, ROC- ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF
INCORPORATION DATED 28/04/2021 OF
REGISTRAR OF COMPANIES, CENTRAL
REGISTRATION CENTRE.
EXHIBIT P4 TRUE COPY OF THE SALE DEED NO.1733 OF 2017
DATED 06/05/2017.
EXHIBIT P5 TRUE COPY OF THE SALE DEED NO.1741 OF 2017
DATED 06/05/2017.
EXHIBIT P6 TRUE COPY OF THE SALE DEED NO.1742 OF 2017
DATED 06/05/2017.
EXHIBIT P7 TRUE COPY OF THE SALE DEED NO.1740 OF 2017
DATED 06/05/2017.
EXHIBIT P8 TRUE COPY OF THE SALE DEED NO.1732 OF 2017
DATED 06/05/2017.
EXHIBIT P9 TRUE COPY OF THE TAX RECEIPT FOR THE
THANDAPER NO.12034 DATED 14/08/2023.
EXHIBIT P10 TRUE COPY OF THE TAX RECEIPT FOR THE
THANDAPER NO.12035 DATED 07/12/2018.
EXHIBIT P11 TRUE COPY OF THE TAX RECEIPT FOR THE
THANDAPER NO.11995 DATED 03/09/2019.
EXHIBIT P12 TRUE COPY OF THE TAX RECEIPT FOR THE
THANDAPER NO.12082 DATED 20/02/2019.
EXHIBIT P13 TRUE COPY OF THE TAX RECEIPT FOR THE
THANDAPER NO.12297 DATED 15/12/2022.
EXHIBIT P14 TRUE COPY OF THE APPLICATION DATED
07/12/2023 SUBMITTED BY THE PETITIONER FOR
MUTATING THE PROPERTIES IN FAVOR OF THE
PETITIONER COMPANY.
EXHIBIT P15 TRUE COPY OF THE JUDGMENT IN W P (C) NO.
16454 OF 2022 DATED 17/08/2022.
EXHIBIT P16 TRUE COPY OF THE JUDGMENT REPORTED IN
2013(1) KHC 767 (PARK RESIDENCY (M/S)
EKM.V.STAE OF KERALA AND OTHERS).

RESPONDENTS EXHIBITS: NIL.