REUNION ENGINEERING COMPANY PVT. LTD. Vs. KALAMASSERY MUNICIPALITY

JUDGEMENT

(1.) THE petitioner is a company incorporated under the Companies Act, 1956. It purchased a parcel of land, 91.02 cents in extent (corresponding to 36.85 Ares) situate in R.S. No. 476/5 of Thrikkakkara North Village, Kanayannur Taluk, Ernakulam District as per sale deed registered as document Nos. 2248 of 1966, 941 of 1982, 1088 of 1982, 1095 of 1982, 3557 of 1984 and 3568 of 1984 of SRO Edappally. It had also put up three buildings therein, originally numbered as XIV/1572, XIV/1569 and XIV/1570. The petitioner has been properly remitting land tax in respect of the immovable property and property tax in respect of two out of the three buildings excluding the building bearing door No. XIV/1570. It so happened that property tax was being remitted in respect of the building bearing door No. XIV/1572 in the name of Sri. P.J. Koshy, the former Managing Director of the petitioner company and in respect of the building bearing door No. XIV/1569 in the name of Sri. Joseph P. Kurian, a former employee of the company. Sri. P.J. Koshy passed away on 08.04.1994. Sri. Joseph P. Kurian ceased to be an employee of the company on 19.06.1995 when his service was terminated.

(2.) EVEN after the death of Sri. P.J. Koshy in the year 1994 and the termination of the service of Sri. Joseph P. Kurian in the year 1995, the company was continuing to pay property tax in respect of the aforesaid buildings in their names. With a view to regularise the records, the petitioner company submitted Ext. P3 letter dated 28.02.2014 before the Secretary, Kalamassery Municipality requesting the municipality to correct the name of the owner of the building bearing door No. XIV/1572 (new No. XX/11) and building bearing door No. XIV/1569 (new No. XX/13) as "Reunion Engineering Co. Pvt. Ltd." in the municipal records. After his service was terminated, Sri. Joseph P. Kurian instituted O.S. No. 299 of 1998 on the file of the Sub Court, Ernakulam seeking damages for wrongful termination of service. That suit was decreed by judgment delivered on 11.07.2002 by directing the company to pay him the sum of Rs. 7,50,000/ - with interest at the rate of 6% per annum from the date of suit till realisation. The said decree and judgment are under challenge by the company in A.S. No. 20 of 2003 on the file of this court and the said appeal is even today pending.

(3.) WE heard Sri. V. Krishna Menon, learned counsel appearing for the petitioner and Sri. M.K. Aboobacker, learned Standing Counsel appearing for the Kalamassery Municipality. We have also gone through the judges papers in A.S. No. 20 of 2003. During the course of arguments today, Sri. M.K. Aboobacker, learned Standing Counsel appearing for the Kalamassery Municipality submitted that it was only on account of the pendency of A.S. No. 20 of 2003 that the Kalamassery Municipality has not taken action to correct the municipal records. Sri. Vinod Bhat, Advocate appearing for Sri. Joseph P. Kurian, the respondent in A.S. No. 20 of 2003 submitted that Sri. Joseph P. Kurian has no interest in the subject matter of writ petition and that his only interest is to see that the company does not alienate the property in which the buildings stand. Learned counsel also submitted that the former employee of the petitioner company, Sri. Joseph P. Kurian has no objection in the municipal records being corrected and the name of the company being shown as the owner of the building.