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Infra Foreshore Owners Association v. the District Registrar (General)

Kerala HC24 Sept 2020WP(C)/18917/2020

Case brief

AI extract

What is this about?

This is a writ petition where an apartment owners' association challenged the Registrar's refusal to accept filed returns due to missing signatures of previous office bearers. The Court directed the Registrar to accept the returns if accompanied by an affidavit of non-availability of previous signatories and to process them via the valid government scheme.

What did the court decide?

Respondent directed to accept returns with affidavit of non-availability of previous office bearers and process within three weeks of production.

Infra Foreshore Owners Association Vs the… — Public Procurement and Tenders | Kerala HC (2020)

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WP(C).No.18917 OF 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 24TH DAY OF SEPTEMBER 2020 / 2ND ASWINA, 1942

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WP(C).No.18917 OF 2020(L)

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PETITIONER/S:

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INFRA FORESHORE OWNERS ASSOCIATION REPRESENTED BY ITS SECRETARY, INFRA FORESHORE APARTMENT, FORESHORE ROAD, ERNAKULAM-682 016.

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BY ADVS. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.V.T.LITHA SMT.K.R.MONISHA SMT.SHRUTHI SARA JACOB

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RESPONDENT/S:

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THE DISTRICT REGISTRAR (GENERAL), ERNAKULAM-682 011.

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OTHER PRESENT:

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SRI.SURIN GEORGE IPE, SRGP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.18917 OF 2020

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JUDGMENT

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Dated this the 24^th day of September 2020 .

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The complaint of the petitioner Association is that the respondent is not accepting the returns filed by them. The petitioner is an Association of apartment owners. It is stated that the returns are not filed for the period from 2010 onwards. The respondent insisted signature of the previous office bearers which they find difficult to get since those persons are not residing in the apartments/expired.

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The petitioner pointed out that the Government has

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evolved a scheme as per Ext.P3 order on 01.04.2020 affording an opportunity to those who have failed to submit returns and that scheme would expire on 30.09.2020.

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Heard the learned Government Pleader also.

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The Writ Petition is disposed of, directing the

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respondent to accept the returns that would be furnished by the petitioner Association and to take appropriate action in

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accordance with Ext.P3. In case the signature of the previous office bearers is necessary, respondent would be free to insist an affidavit from the office bearers of the Association

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regarding non-availability of the previous office bearers. In case the petitioner produces the returns within three days from

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WP(C).No.18917 OF 2020

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today, the respondent shall take appropriate action in accordance with Ext.P3 within a period of three weeks.

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The Writ Petition is disposed of accordingly.

Sd/-

P.V.ASHA

JUDGE

rkc

WP(C).No.18917 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF REGISTRATION CERTIFICATE NO.ER 43/10 DATED 20.1.2020 ISSUED TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE COVERING LETTER DATED 17.6.2020 SUBMITTED BY THE PETITIONER ALONG WITH AFFIDAVIT DATED 12.6.2020 OF THE OFFICE BEARERS BEFORE THE RESPONDENT EXHIBIT P3 TRUE COPY OF THE ORDER NO.GO(P) 49/2020/TAXES DATED 1.4.2020 ISSUED BY THE GOVERNMENT OF KERALA

Infra Foreshore Owners Association v. the District Registrar (General)

Case brief

What is this about?

What did the court decide?

Infra Foreshore Owners Association v. the District Registrar (General)

Case brief

What is this about?

What did the court decide?

What the court decided

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