Zamra Endeavours Pvt. Ltd vs The District Registrar ...
2023 Latest Caselaw 7153 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                      WP(C) NO. 22966 OF 2016
PETITIONER:

             ZAMRA ENDEAVOURS PVT. LTD.,
             DOOR NO.32/1131/D,
             MANAKKATT BUILDING,
             CHANGAMPUZHA NAGAR (PO),
             SOUTH KALAMASSERY, KOCHI-682033,
             REPRESENTED BY ITS MANAGING DIRECTOR
             SRI.M.A.RIYAZ.
             BY ADVS.
             SRI.BABU KARUKAPADATH
             SMT.AMRIN FATHIMA
             SRI.MITHUN BABY JOHN
             SRI.J.RAMKUMAR
             SRI.N.SATHEESH KUMARNEMMARA
             SMT.M.A.VAHEEDA BABU
             SMT.ARYA RAGHUNATH
             SRI.P.U.VINOD KUMAR

RESPONDENTS:

     1       THE DISTRICT REGISTRAR (GENERAL),
             ERNAKULAM, PIN-682016.
     2       THE SUB REGISTRAR
             EDAPPALLY SUB REGISTRY,
             EDAPPALLY-682024.
             BY ADV.
             SRI.RIYAL DEVASSY - GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.06.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 22966 of 2016
                                       :2:



                     DEVAN RAMACHANDRAN, J.
                  =========================
                      W.P.(C).No. 22966 of 2016
                 ==========================
                  Dated this the 23rd day of June, 2023

                                 JUDGMENT

The petitioner impugns Ext.P2 order of the District Registrar

(General), whereby, their request for registration of a document

was declined, saying that he cannot take a decision thereon -

particularly with respect to its stamp duty - on account of the

pendency of another writ petition, namely, W.P.(C).No.12714 of

2015.

2. This Court had, after hearing the learned counsel for the

parties, earlier passed an interim order on 12.07.2016, to the

following effect:

"Admit.

Issue notice tot the respondents. The 2nd respondent is directed to register Ext.P1 lease deed, provisionally, pending disposal of the writ petition after collecting the stamp duty payable under Schedule 33(a)(v) of the Kerala Stamp Act."

3. It is today submitted by Smt.Arya Raghunath - learned

counsel for the petitioner, that the afore interim order has been

complied with and the document has been registered.

4. Sri.Riyal Devassy - learned Government Pleader, affirmed

that registration of the document is complete; and added that W.P.

(C).No.12714/2015 has also been disposed of. W.P.(C).No. 22966 of 2016

5. Obviously, therefore, nothing remains in this writ petition

because Ext.P2 merely says that no decision on the stamp duty of

the document could be taken by the District Registrar (General),

until W.P.(C).No.12714/2015 is disposed of.

In the afore circumstances, confirming the afore interim

order, I close this writ petition; however, leaving liberty to the 1 st

respondent - District Registrar (General), to initiate and impel any

action against the petitioner or the document in question, however,

subject to law and after affording them necessary opportunities of

being heard, adverting to the judgments of this Court, particularly

in W.P.(C).No.12714/2015.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 22966 of 2016

APPENDIX OF WP(C) 22966/2016

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE LEASE DEED PREPARED BY THE PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 06-5-2016 ISSUED BY THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS : NIL.