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2024 Supreme(Online)(KER) 16059

HIGH COURT OF KERALA
A.J.DESAI, CJ, V. G. Arun, J
THE SUB REGISTRAR – Appellant
Versus
M/S. XAVIER INSTITUTE OF MANAGEMENT AND ENTREPRENEURSHIP – Respondent


JUDGMENT

A.J. Desai, C.J.

By way of the present appeal filed under Section 5 of the Kerala High Court Act, the first respondent i.e. State of Kerala and Officers of the State, who are respondents Nos. 1,2,3 and 5 in the writ petition, have challenged the judgment dated 30/10/2015 by which the learned Single Judge, while accepting the petition filed by the first respondent in the writ appeal, directed the present appellant to register Ext.P2 lease deed dated 10/10/2012 entered into between the respondent No.1, the original petitioner-M/s.Xavier Institute of Management and Entrepreneurship (XIME)- and the Kerala Industrial Infrastructure Development Corporation, which had been denied by the State Authority on the ground that the said lease can be registered only on payment of registration fees under Registration Act and stamp duty under the Kerala Stamp Act.

2. The essential facts are as follows;

The Kerala Industrial Infrastructure Development Corporation (hereinafter referred to as 'the KINFRA') is established under the Kerala State Industrial Infrastructure Development Act, 1993 ('the Act' for short) with the objective of establishment of industrial areas, for the organisation of Indu

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