KIMSHEALTH EXECUTIVE LEISURE PVT. LTD. Vs. VILLAGE OFFICER

JUDGEMENT

(1.) The above writ petition has been filed challenging Exts.P9 and P13 and for a direction to the 2nd respondent to change the name of the petitioner company in the revenue records in tune with Ext.P5 certificate of incorporation pursuant to change of name.

(2.) Brief facts necessary for the disposal of the writ petition are as follows: Petitioner is a company incorporated under the Companies Act, 1956 and represented by its Director. It is averred that an extent of 40.46 Ares equivalent to one acre of land comprised in old survey nos.960(A), 960(B) and 961(1) in block no.17, re-survey no.235/8 of Attipra Village was purchased by M/s.Kenton Leisure Services Pvt. Ltd. as per Ext.P1 sale deed no.1005/99 of SRO, Kazhakkoottam dtd. 27/4/1999. The said company also purchased an extent of 4.55 Ares equivalent to 11.250 cents in old survey no.961/1 and in block no.17 and re-survey no.235/7 as per Ext.P2 sale deed no.1006/99 of SRO, Kazhakkoottam dtd. 27/4/1999. The aforesaid company has effected mutation and paying land tax for the property found on measurement in the re-survey, ie., 40.10 Ares in re- survey no.235/8 and 2.88 Ares in re-survey no.235/7-1 in T.P.No.7036 of Attipra Village as evident from Ext.P3. The said company is also paying property tax for the building in the said property bearing door no.98/3604 as evident from Ext.P4. The name of the said company, viz., Kenton Leisure Services Pvt. Ltd. was changed to M/s.KIMS Health Executive Leisure Pvt. Ltd. as per Ext.P5 certificate of incorporation dtd. 17/2/2022 issued by the Registrar of Companies, Ernakulam. Petitioner in the above circumstances submitted Ext P6 to P8 representations dtd. 30/7/2022 before respondents 1 and 2 and also before the Tahsildar (Land Records) for change of name of pattadar of the aforesaid property in the revenue records in tune with Ext.P5. The 1st respondent however issued Ext.P9 notice dtd. 10/8/2022 declining to effect change of name raising unsustainable contentions. According to the 1 st respondent, the petitioner had purchased only the shares of M/s.Kenton Leisure Services Pvt. Ltd. and for effecting mutation in favour of the petitioner in accordance with the Transfer of Registry Rules, 1966, a sale deed transferring the properties in the name of the petitioner is required and action would be taken on the request in the event of production of such sale deed. It is contended that the said stand taken by the 1st respondent is absolutely arbitrary and illegal. Ext.P5 certificate is an authority for change of name of the petitioner in the revenue records and respondents are bound to effect changes in accordance with Ext.P5. It is contended that the issue is settled by the judgment in Park Residency v. State of Kerala, 2013 (1) KLT 855 as well as Exts.P10 and P11 judgments. This Court as per Ext.P12 interim order directed the 2nd respondent to consider and pass orders on Ext.P7 application in the light of the judgments referred above but the 2 nd respondent rejected the application as per Ext.P13 order. The finding in Ext.P13 order that though the properties of M/s.Kenton Leisure Services Pvt. Ltd. has been transferred in the name of M/s.KIMS Health Executive Leisure Pvt. Ltd., no document has been produced to effect mutation as provided Rule 3(a) of the Transfer of Registry Rules, 1966 and the said stand is against the judgment in Park Residency's case cited supra and Exts.P10 and P11 judgments.

(3.) A detailed counter affidavit has been filed by the 2 nd respondent wherein it is contended that as per the records, land having an extent of 40.46 Ares comprised in block no.17, re-survey no.235/8 and 235/7 of Attipra Village is under the ownership of Kenton Leisure Services Pvt. Ltd., which is obtained as per sale deed nos.1005/99 and 1006/99 of Kazhakkoottam SRO. The aforesaid company had been paying tax with respect to the land mentioned above, under Thandaper No. 7036, up to 2021-2022. In order to effect change in the Thandaper account the petitioner has moved an application before the respondents seeking to change the name Kenton Leisure Pvt. Ltd. to KIMS Health Executive Leisure Pvt. Ltd. in Thandaper No.7036. On verification of the documents produced by the petitioner, it is seen that the immovable property of Kenton Leisure Pvt. Ltd. including 40.46 Ares of property comprised in Re-Survey Nos. 235/7 and 235/8 of Attipra Village have been transferred to another company viz., KIMS Health Executive Pvt. Ltd. by way of transfer of shares. In response to the application of the petitioner, the authority granted an opportunity to the petitioner to address their grievance. During the course of hearing, it was stated that there is no pre-existing company called KIMS Health Executive Pvt. Ltd. and added that only the name has been changed. After perusing the documents, it is clear that the immovable property of Kenton Leisure Pvt. Ltd. was transferred in the name of KIMS Health Executive Pvt. Ltd. However, the applicant has failed to produce any valid documents before the respondents as stipulated in Rule 3(a) of the Transfer of Registry Rules, 1966. It is submitted that a change of name can be done only through the process of Transfer of Registry. Accordingly, Order No.H6- 23708/22 dtd. 5/12/2022 was issued rejecting the application on the ground that the applicant had failed to produce valid documents stipulated in Rule 3 (a) of Transfer of Registry Rules, 1966.