Petitioner, a registered money lender, challenged a 2005 notification prescribing 12% interest rate under the Kerala Money Lenders Act. Court held that a 2018 writ petition challenging a 2005 notification was barred by delay and laches and found no sustainable grounds for interference under Article 226. Writ petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 WP(C) NO. 7156 OF 2018
PETITIONER/S:
M/S. ROHINI LEASE & GENERAL FINANCIERS ROOM NO.17/1457C,II FLOOR,ZAK TOWER, RAM MOHAN ROAD,CHINTAVALAPU,PUTHIYARA POST, KOZHIKODE,REP.BY ITS MANAGING PARTNER, SUNILKUMAR.K.P,S/O.PADMANABHAKURUP,AGED 41 YEARS, KOLLANTEPARAMBATH HOUSE,KARANDOD POST, KUTTIADI VIA KAYAKKODI AMSOM,KARANDOD DESOM, VATAKARA TALUK,KOZHIKODE DISTRICT.
BY ADV SRI.SUNNY MATHEW
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.
REGIONAL OFFICE,THIRUVANANTHAPURAM, REPRESENTED BY THE REGIONAL MANAGER.
3 THE CHIEF GENERAL MANAGER DEPARTMENT OF NON BANKING SUPERVISION, CENTRAL OFFICE,CENTRE I,WORLD TRADE CENTRE, CUFFE PARADE,COLABA,MUMBAI-400005.
THE SECRETARY TO GOVERNMENT TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM 695 001. ADDL.R4 IS IMPLEADED AS PER ORDER DATED 04.09.2019 IN IA 1/2019 IN W.P.(C) 7156/2018.
SRI. BIMAL. K. NATH, SR. G. P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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EASWARAN S. , J.
W.P. (C) No.7156 of 2018
Dated this the 1st day of April 2024
JUDGMENT
The petitioner challenges the notification issued under the Kerala Money Lenders Act as early as in the year 2005 prescribing the rate of interest at 12%.
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petitioner especially when the notification under challenge was issued on 11.3.2005. In a writ petition filed in the year 2018, the petitioner cannot be permitted to challenge the notification issued in the year 2005. No sustainable grounds are made out for interference under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed.
Sd/-
EASWARAN S. JUDGE
NS
W.P. (C) No.7156 of 2018
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APPENDIX OF WP(C) 7156/2018
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE NOTIFICATION SRO NO.255/20O5 ISSUED BY THE GOVERNMENT OF KERALA. EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DATED 2.1.2009 ISSUED BY THE RESERVE BANK OF INDIA.
2 issues framed by the court
Whether the petitioner could challenge a 2005 notification fixing interest rate at 12% under the Kerala Money Lenders Act in a writ petition filed in 2018.
Whether the State Government had power to fix the rate of interest for non-banking financial institutions.
2 provisions across 2 enactments
M/S. Rohini Lease & General Financiers
State of Kerala represented by the Chief Secretary to Government
Reserve Bank of India
The Chief General Manager, Department of Non Banking Supervision, RBI
The Secretary to Government, Taxes Department, Government of Kerala
EASWARAN S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
