K.V. Joy vs The District Registrar
2023 Latest Caselaw 13580 Ker

Kerala High Court

K.V. Joy vs The District Registrar on 21 December, 2023

Author: Murali Purushothaman

Bench: Murali Purushothaman

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 21ST DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945
                         WP(C) NO.42586 OF 2023
PETITIONER:

             K.V.JOY, AGED 72 YEARS, FR.K.C.VARGHESE,
             KALLAPPARA HOUSE, MORAKKALA KARA, KUNNATHUNADU
             VILLAGE, ERNAKULAM DISTRICT, PIN - 683565
             BY ADVS.
             SHIJU VARGHESE
             SACHU THOMAS


RESPONDENTS:

     1       THE DISTRICT REGISTRAR
             CIVIL STATION, KAKKANAD, THRIKKAKKARA P.O,
             ERNAKULAM DISTRICT, PIN - 682030
     2       THE SUB REGISTRAR
             PUTHENCRUZ SUB REGISTRAR'S OFFICE, PUTHENCRUZ P.O,
             ERNAKULAM DISTRICT, PIN - 682030
             BY SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.12.2023,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.42586 of 2023       2



                         JUDGMENT

The petitioner purchased certain extent of

property as per Ext.P1 sale deed. According to the

petitioner, the petitioner has remitted the required

stamp duty and registration fee. After registration,

mutation has also been effected. Now the petitioner

is issued with Ext.P6 provisional order asking him

to remit the deficient stamp duty of Rs.1,59,200/-

and registration fee of Rs.39,800/-. According to

the petitioner, Ext.P6 is vitiated by violation of

statutory provisions. The petitioner states that he

has submitted objection to Ext.P6 provisional order.

The apprehension of the petitioner is that the 1 st

respondent may finalise the proceedings pursuant to

Ext.P6 without considering the objection of the

petitioner.

2. Heard the learned counsel for the petitioner

and the learned Senior Government Pleader appearing

for the respondents.

3. Ext.P6 is only a provisional order. The 1st

respondent shall consider the objection of the

petitioner to Ext.P6 and pass appropriate orders

in accordance with law. The petitioner shall

produce copies of the objection as well as the

writ petition, along with a certified copy of this

judgment, before the 1st respondent within a period

of two weeks from the date of receipt of a

certified copy of this judgment. Till final orders

are passed, there shall not be any recovery

pursuant to Ext.P6.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/21/12/2023

APPENDIX

PETITIONERS' EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 10.8.2023 EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 5.10.2023 EXHIBIT P3 TRUE COPY OF THE TANDAPER ACCOUNT DATED 21.7.2023 EXHIBIT P4 TRUE COPY OF THE FARE VALUE STATEMENT DOWN LOADED FROM THE WEB SITE OF THE DEPARTMENT OF REGISTRATION EXHIBIT P5 TRUE COPY OF THE LOCATION SKETCH BEARING NO.980/2023 DATED 27.10.2023 EXHIBIT P6 TRUE COPY OF THE PROVISIONAL ORDER DATED 20.11.2023