The Kozhikode Bhavana Nirmana ... vs State Of Kerala
2024 Latest Caselaw 12664 Ker

Kerala High Court

The Kozhikode Bhavana Nirmana ... vs State Of Kerala on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) No.5182/2017                               1/2

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
              Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
                               WP(C) NO. 5182 OF 2017
   PETITIONER:

      1. THE KOZHIKODE BHAVANA NIRMANA SAHAKARANA SANGHAM LTD. NO.F.1867,
         ERANHIPALAM.P.O., KOZHIKODE-673 006,REPRESENTED BY ITS SECRETARY.
      2. P.SYED MUHAMMED MUSTHAFA, MEMBER NO.2294, KOZHIKODE BHAVANA NIRMANA
         SAHAKARANA SANGHAM LTD.NO.F.1867, KOZHIKKODE,RESIDING AT HOUSE NO.2,
         ERANHIPALAM HOUSING COLONY,ERANHIPALAM.P.O., KOZHIKKODE-673 006.
      3. T.K.SAFIA, MEMBER NO.4490, KOZHIKODE BHAVANA NIRMANA SAHAKARANA
         SANGHAM LTD.NO.F.1867, KOZHIKKODE,RESIDING AT HOUSE NO.2,
         ERANHIPALAM HOUSING COLONY,ERANHIPALAM.P.O., KOZHIKKODE-673 006.

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,REVENUE
         DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM.695 001.
      2. THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR,WEST HILL,
         KOZHIKKODE.673 001.
      3. THE DISTRICT REGISTRAR, OFFICE OF THE DISTRICT REGISTRAR,
         KOZHIKKODE.673 001.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to issue an interim stay of Ext.P7, and direct the 2nd respondent
   to register the document without insisting upon the payment of the stamp
   duty calculating it based on the fair value/market value and that the
   society is entitled to get the document registered since it is having
   exemption for payment of the stamp duty in terms of the exemption order
   Ext.P6, pending disposal of Writ Petition.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.P.C.SASIDHARAN, K.S.ANIL, E.ADITHYAN & P.E.SAJAL, Advocates for the
   petitioners, GOVERNMENT PLEADER for Respondents, the court passed the
   following:

                                             ORDER

It is submitted that in the light of the recent Supreme Court Judgment, the prayers in this Writ Petition cannot be allowed.

The counsel for the petitioner wants to get instruction.

Post on 6/6/24.

Sd/- P.V.KUNHIKRISHNAN, JUDGE

21-05-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 5182/2017 EXHIBIT P6 TRUE COPY OF THE ORDER G.O(MS.)NO.795/60/AGRL. DATED 8.10.1960.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 7.12.2016.