Varghese Lalu vs State Of Kerala
2022 Latest Caselaw 7219 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                       WP(C) NO. 18589 OF 2022
PETITIONER:

            VARGHESE LALU,
            AGED 60 YEARS
            S/O. VARGHESE, EDANVILLA,
            AP13/394A, PARAYANGAD,
            PUKKOTTUPADAM P.O,
            MALAPPURAM DISTRICT, PIN:-679 332,

            REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
            KOSHY THOMAS, 33/879D,
            THEEMBALANGATTU HOUSE,
            AARATTUKADAVU,
            VENNALAP.O, COCHIN-682 028.

            BY ADVS.
            SUBHASH CYRIAC
            SHEEBA JOSEPH
            S.SREEJITH (S-3453)
            ASHA JYOTHY


RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY INSPECTOR GENERAL OF REGISTRATION,
            DEPARTMENT OF REGISTRATION,
            EX. MAYOR BALAKRISHNAN NAIR ROAD,
            VANCHIYOOR.P.O, THIRUVANANTHAPURAM-695 035.

    2       REVENUE DIVISIONAL OFFICER,
            REVENUE DIVISIONAL OFFICE,
            PUNALUR, KOLLAM DISTRICT- 691 305.


            SMT. C.S. SHEEJA, SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18589 OF 2022
                                       2




                               T.R.RAVI, J.
                     ----------------------------------------
                      WP(C) No.18589 OF 2022
                    -------------------------------------------
                Dated this the 23rd day of June, 2022

                             JUDGMENT

Admit. Government Pleader takes notice for the

respondents.

The writ petition has been filed seeking to quash Ext.P4

order and for a direction to the 2 nd respondent to reconsider

the application dated 29.12.2021 submitted by the petitioner

for refund of e-stamp paper. The petitioner submits that the e-

stamp was purchased spending an amount of Rs.3,52,000/-

but the same could not be used and necessary application for

refund was not submitted on time, due to the spread of covid

pandemic. The petitioner has relied on the orders issued by

the Hon'ble Supreme Court and this Court whereby periods of

limitation was extended by excluding the period between

15.03.2020 and 28.02.2022. In Ext.P4, the Revenue Divisional

Officer has rejected the request solely based on the fact that

the refund application was not filed within time. The WP(C) NO. 18589 OF 2022

contention of the petitioner regarding exclusion of time has not

been considered while issuing Ext.P4.

In the above circumstances, this writ petition is allowed.

Ext.P4 is set aside. There will be a direction to the 2 nd

respondent to reconsider the application dated 29.12.2021

with particular reference to the orders issued by the Hon'ble

Supreme Court and this Court regarding the period of

limitation. Necessary orders shall be issued within six weeks

from the date of receipt of a copy of this judgment. The

petitioner shall produce a copy of this judgment along with a

copy of the writ petition and the orders of the Hon'ble

Supreme Court and this Court on the issue before the 2 nd

respondent for compliance.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 18589 OF 2022

APPENDIX OF WP(C) 18589/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE RECEIPT DATED 23.11.2020 ISSUED BY THE REGISTRATION DEPARTMENT.

Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 27-11-2020 ISSUED BY REGISTRATION DEPARTMENT OF KERALA

Exhibit P3 A TRUE COPY OF THE LETTER DATED 04-04-2022 ISSUED BY THE SUB COLLECTOR, FORT KOCHI.

Exhibit P4 TRUE COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICER, PUNALUR DATED 19-04-22.

RESPONDENT'S EXHIBITS      :    NIL


                  //TRUE COPY//                       PA TO JUDGE