The High Court of Kerala allowed an original petition challenging revenue recovery proceedings for stamp duty. The court quashed the proceedings since a related appeal had been allowed and the matter remitted for fresh consideration.
The revenue recovery proceedings initiated against the petitioner are quashed and the Original Petition is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMAN
THURSDAY, THE 4TH JANUARY 2007 / 14TH PAUSHA 1928
OP.No. 22117 of 2001(G) -----------------------
PETITIONER:
----------A.VIJAYA RAJAN, S/O.LATE K. KANNAN, PRABHALAYAM, PALLIKARA, HOSDURG.
BY ADV. SRI.M.THAMBAN SRI.K.RAJEEVAN SRI.DILIP MOHAN
RESPONDENTS:
BY GOVERNMENT PLEADER SMT. D.P.RENU
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON CMP.NO.36117/2001 IN OP.NO.22117/2001
DISMISSED
4/1/2007 Sd/- P.R.RAMAN, JUDGE.
APPENDIX
PETITIONER'S EXTS:
EXT.P1 TRUE COPY OF THE SALE DEED DTD. 25/11/1997.
EXT.P2 TRUE COPY OF THE JUDGMENT DTD. 2/4/2001 IN OP.NO.11399/2001 OF THIS COURT.
EXT.P4 TRUE COPY OF THE ACKNOWLEDGEMENT CARD.
EXT.P5 TRUE COPY OF THE NOTICE DTD. 27/6/2001 ISSUED BY THE
3RD RESPONDENT.
P.R.RAMAN,J.
O.P.NO.22117 OF 2001
Dated this the 4th day of January, 2007
JUDGMENT
This original petition is filed
challenging the revenue recovery proceedings
initiated against the petitioner for deficit of stamp duty payable by way of documents executed. After hearing, the matter was adjourned so as to enable the Government Pleader to get instruction as to whether any final order was passed by the Sub Registrar and whether any appeal has been preferred. It is now submitted that C.M.A.No.310/2001 was filed by the petitioner before the District Court, Kasaragod and eventually the appeal was allowed and the matter has been remitted to the Registrar for fresh consideration.
O.P.NO.22117/2001
-2-
recovery proceedings initiated against the petitioner stands quashed.
Original Petition is allowed.
P.R.RAMAN,
Judge.
kcv.
-3-
O.P.NO.22117/2001
P.R.RAMAN, J.
--------------------------
O.P.NO.22117 OF 2001
--------------------------
JUDGMENT
4th January, 2007
1 issue framed by the court
Whether revenue recovery proceedings for stamp duty deficit should be quashed pending a remitted appeal.
A. VIJAYA RAJAN
THE DISTRICT REGISTRAR, KASARAGODE
THE DISTRICT COLLECTOR, KASARAGODE
THE SPECIAL DEPUTY TAHSILDAR (RR), HOSDURG
P.R.RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
