IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 13^TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943 WP(C) NO. 2892 OF 2009 PETITIONER:

ASSOCIATED HIRE PURCHASE & CREDITS LTD

1ST FLOOR, VETTUKATTIL HOSPITAL COMPLEX, T.B.JUNCTION, MUVATTUPUZHA-686661 REPRESENTED BY ITS MANAGING DIRECTOR, G.VINAYAN.

BY ADV SRI.JOSE JOSEPH RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.

2 THE SECRETARY TO GOVERNMENT OF KERALA TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

3 THE COMMISSIONER OF COMMERCIAL TAXES PUBLIC OFFICE BUILDING,THIRUVANANTHAPURAM.

4 THE INTELLIGENCE OFFICER (IB)

(MATTANCHERY)O/O DEPUTY COMMISSIONER (INT.), COMMERCIAL TAXES, EDAPPALLY, COCHIN-24.

5 THE DEPUTY GENERAL MANAGER RESERVE BANK OF INDIA, DEPARTMENT OF NON-BANKING SUPERVISION, THIRUVANANTHAPURAM.

BY ADV.

SMT.RASHMI.K.M, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

13.09.2021, ALONG WITH WP(C).2893/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 13^TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943 WP(C) NO. 2893 OF 2009 PETITIONER:

DHANALAKSHMI HIRE PURCHASE & LEASING LTD.

SURYA COMPLEX, VELLOORKUNNAM, MARKET P.O., MUVATTUPUZHA – 686 673 REPRESENTED BY ITS CHAIRMAN, C.K.SHAJI.

BY ADV SRI.JOSE JOSEPH RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.

2 THE SECRETARY TO GOVERNMENT OF KERALA TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

3 THE COMMISSIONER OF COMMERCIAL TAXES PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM.

4 THE INTELLIGENCE OFFICER (IB)

(MATTANCHERY) O/O.DEPUTY COMMISSIONER (INT.), COMMERCIAL TAXES, EDAPPALLY,COCHIN-24.

5 THE DEPUTY GENERAL MANAGER, RESERVE BANK OF INDIA, DEPARTMENT OF NON-BANKING SUPERVISION, THIRUVANANTHAPURAM.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2021, ALONG WITH WP(C).2892/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

========================

WP(C) NO. 2892 OF 2009 &

WP(C) NO. 2893 OF 2009 ========================

Dated this the 13^th day of September, 2021

JUDGMENT

The prayers in these writ petitions are almost similar and therefore, I am disposing these writ petitions by a common judgment. It will be better to extract the prayer in W.P.(C) No.2892 of 2009.

“(i) declare that the State of Kerala has no authority or jurisdiction to insist the petitioner to take license under the Kerala Money Lenders Act, 1958 to carry on its business, (ii) declare that provisions of the Kerala Money Lenders Act, 1958 is not applicable to Non Banking Financial Companies like the petitioner company incorporated under the provisions of the Indian Companies Act and registered with the Reserve Bank of India in terms of the provisions of the Reserve Bank of India Act,1934, and is controlled and governed by the provisions of the R B I Act, (iii) declare that it is beyond the competence of the State Legislature to impose unreasonable restrictions on the petitioner to carry on its business invoking the provisions under the Kerala Money Lenders Act, 1958, (iv) issue a writ of mandamus or any other appropriate writ, order or direction restraining respondents 1 to 4 from insisting the petitioner to take license under the Kerala Money Lenders Act, 1958 for carrying on its business, (v) call for the records of the case leading to Ext P5 and quash it by the issue of a writ of certiorari or any other appropriate writ or order, (vi) Call for the records of the leading to Ext. P6 notice issued to the petitioner and quash the same by the issue of a writ of certiorari or any other appropriate writ or order, (vii)pass such other orders, directions or writs as may be prayed for and this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

2. These writ petitions were admitted in the light of the pendency of W.A.N