Rahoboth Girls Orphanage Trust v. The District Collector,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 ---------------------------- PETITIONER(S):

-------------- RAHOBOTH GIRLS ORPHANAGE TRUST, NELLIKUNNU, THRISSUR-680 005, REPRESENTED BY ITS PRESIDENT.

BY ADVS.SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.N.AJITH SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN.

RESPONDENT(S):

--------------

1. THE DISTRICT COLLECTOR, CIVIL STATION, THRISSUR-680 001.

2. THE TAHSILDAR, TALUK OFFICE, THRISSUR-680 001.

3. THE VILLAGE OFFICER NADATHARA VILLAGE, THRISSUR-680 751.

4. STEWARDS COMPANY LTD.

124 WELLS ROAD, BATH, ENGLAND REPRESENTED BY THOMAS RAJAN C/O.STEWARDS ASSOCIATION IN INDIA 7(4) JOHN AMSTRONG ROAD, RICHARD TOWN BANGALORE-560 005.

R4 BY ADV. SRI.K.MOHANAKANNAN R4 BY ADV. SMT.A.R.PRAVITHA BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

APPENDIX PETITIONER(S) EXHIBITS :

EXHIBIT P1:

TRUE COPY OF THE LETTER ISSUED BY THE COMMISSIONER OF INCOME TAX, COCHIN DATED 08/03/1974.

EXHIBIT P2:

TRUE COPY OF THE LETTER FROM GOVERNMENT OF INDIA DATED 23/04/1985.

EXHIBIT P3:

TRUE COPY OF THE CERTIFICATE OF RECOGNITION DATED 30/10/2001.

EXHIBIT P4:

TRUE COPY OF THE BASIC TAX RECEIPT DT.18-10-2000. EXHIBIT P5:

TRUE COPY OF THE BASIC TAX RECEIPT DT.17-10-2002. EXHIBIT P6:

TRUE COPY OF THE BASIC TAX RECEIPT DT.14-10-2004 EXHIBIT P7:

TRUE COPY OF THE BASIC TAX RECEIPT DT.12-5-2005. EXHIBIT P8:

TRUE COPY OF THE BASIC TAX RECEIPT DT.19-9-2006. EXHIBIT P9:

TRUE COPY OF THE BASIC TAX RECEIPT DT.18-2-2008. EXHIBIT P10:

TRUE COPY OF THE BASIC TAX RECEIPT DT.13-3-2009. EXHIBIT P11:

TRUE COPY OF THE BASIC TAX RECEIPT DT.23-9-2011. EXHIBIT P12:

TRUE COPY OF THE POSSESSION CERTIFICATE, DT.15-91995. EXHIBIT P13:

TRUE COPY OF THE POSSESSION CERTIFICATE 18-9-1997. EXHIBIT P14:

TRUE COPY OF THE POSSESSION CERTIFICATE DT.17-10EXHIBIT P15: TRUE COPY OF THE POSSESSION CERTIFICATE,DT.7-3-2009 EXHIBIT P16:

TRUE COPY OF THE POSSESSION CERTIFICATE, DT.1-6EXHIBIT P17: TRUE COPY OF THE CERTIFICATE OF OWNERSHIP CERTIFICATE ISSUED FROM THE CORPORATION OF THRISSUR. EXHIBIT P18:

TRUE COPY OF THE CERTIFIATE OF OWNERSHIP CERTIFICATE ISSUED FROM THE CORPORATION OF THRISSUR DATED 27/05/2012.

EXHIBIT P19:

TRUE COPY OF THE REPRESENTATIN BY STEWARDS COMPANY LTD. DATED 25/04/2012.

EXHIBIT P20:

TRUE COPY OF THE JUDGMENT IN WPC 18632 OF 2012 DATED 08/08/2012.

EXHIBIT P21:

TRUE COPY OF THE OBJECTION FILED BY STEWARDS COMPANY LTD. DATED OCTOBER, 2012.

EXHIBIT P22:

TRUE COPY OF THE ORDER NO.A3-0984/2012 ISSUED BY R1. DATED 11/11/2012.

EXHIBIT P23:

TRUE COPY OF THE TAX RECEIPT DATED 29/10/1986. RESPONDENTS' EXHIBITS :

EXHIBIT R4(A): TRUE COPY OF THE POWER OF ATTORNEY DATED 14/06/2012. EXHIBIT R4(B): TRUE COPY OF THE COMMUNICATIONS DATED 23/03/1993, 30/07/2007, 13/09/2011 SENT BY THE PETITIONER TO STEWARDS ASSOCIATION OF INDIA.

EXHIBIT R4(C): TRUE COPY OF THE REGISTERED GIFT DEED EXECUTED BY MRS.H.L.NAGEL IN THE YEAR M.E.1091 (1915) IN FAVOUR OF STEWARDS COMPANY LTD.

EXHIBIT R4(D): TRUE COPY OF THE TAX RECEIPTS DATED 28/10/61, 20/09/1975 & 20/09/1975.

EXHIBIT R4(E): TRUE COPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER OF NADATHARA VILLAGE OFFICE.

EXHIBIT R4(F): TRUE COPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER OF NADATHARA VILLAGE OFFICE.

EXHIBIT R4(G): TRUE COPY OF THE RELEVANT PAGE OF THA BASIC TAX REGISTER OF NADATHARA VILLAGE OFFICE.

EXHIBIT R4(H): TRUE COPY OF THE TRUST DEED DATED 13/06/1983. EXHIBIT R4(I): TRUE COPY OF THE RELEVANT PAGES OF THE THANDAPER REGISTER PERTAINING TO NO.5849 OBTAINED FROM VILLAGE OFFICE, NADATHARA.

EXHIBIT R4(J): TRUE COPY OF THE JUDGMENT DATED 02/01/1999 IN OS 10/1990, DISTRICT COURT, THRISSUR.

EXHIBIT R4(K): TRUE COPY OF THE CHART OF CONTRIBUTION UNTIL NOW TOTALING ` 8.85 LAKHS.

EXHIBIT R4(L): TRUE COPY OF THE COPIES OF TWO RECEIPTS PERTAINING TO THE FIRST AND LAST ITEM IN THE SCHEDULE DATED 30/06/2005 & 12/10/2012.

EXHIBIT R4(M): TRUE COPY OF THE INFORMATION GIVEN BY THE VILLAGE OFFICER.

/TRUE COPY/ P.A.TO JUDGE RVS.

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 28497 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2015

J U D G M E N T

Writ petition is allowed in terms of the settlement arrived at on mediation. The terms and conditions of the mediation shall form part of the judgment.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge