The Court directed the Sub Registrar to refund the registration fee and the District Collector to process a stamp duty refund application under the Kerala Stamp Act.
Refund of registration fee and stamp duty directed within two months.
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 A.MUHAMED MUSTAQUE
MONDAY, THE 15TH DAY OF FEBRUARY 2016/26TH MAGHA, 1937
WP(C).No. 2300 of 2016 (J)
PETITIONER(S):
1. N.P.RAMAN KUTTY, S/O LATE KESAVAN NAMBIAR, NALISSERY PATTATH, VADAKKUM MURI P.O., TRISSUR, PIN:680 570.
2. SUSHAMMA SUNDAR,
BY ADVS.SRI.L.RAM MOHAN
SRI.M.AUBREY ABRAHAM ISAAC
RESPONDENT(S):
1. SUB REGISTRAR OFFICER, ANTHIKKADU, TRISUSR-680 641.
2. DISTRICT COLLECTOR, CIVIL STATION, THRISSUR-680 001.
3. THE DISTRICT REGISTRAR (GENERAL), THRISSUR-680 001.
BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 2300 of 2016 (J)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE PARTITION DEED NO.P3/2010. EXHIBIT P2: TRUE COPY OF THE JUDGMENT DATED 25.2.2015 IN WRIT PETITION (CIVIL) NO.12504/12.
EXHIBIT P3: TRUE COPY OF THE PARTITION DEED NO.2447/1/15 OF ANTIKKADU SRO.
EXHIBIT P4: TRUE COPY OF THE APPLICATION DATED 14.12.15 SUBMITTED BEFORE THE IST RESPONDENT.
EXHIBIT P5: TRUE COPY OF THE ACKNOWLDGEMENT ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P6: TRUE COPY OF THE APPLICATION DATED 15/12/5 FILED U/S 47(2) OF THE KERALA STAMP ACT.
EXHIBIT P6(A): COPY OF THE ACKNOWLDGEMENT 15/12/15 ISSEUD BY THE 2ND RESPONDENT
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.S.TO JUDGE
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A.MUHAMED MUSTAQUE, J.
W.P.(C).No.2300/2016
Dated this the 15th Day of February, 2016
J U D G M E N T
The petitioners have approached the first respondent-Sub
Registrar, Anthikkadu, Thrissur with a request to refund the
registration fee deposited by them while executing a partition deed.
Ext.P4 is the said request. Ext.P3 is the partition deed, which is of the
year 2015. They also approached the second respondent-District
Collector as per Ext.P6 under Section 47(2) of the Kerala Stamp Act
for refund of stamp duty.
issued:
W.P.(C).No.2300/2016
-:2:-
The Sub Registrar is directed to take steps on the request of the
petitioners, on Ext.P4, within two months from the date of receipt of a
copy of this judgment. The District Collector is also directed to take
steps on Ext.P6 within two months from the date of receipt of a copy
of this judgment.
The writ petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
1 issue framed by the court
Whether the Registry should refund the registration fee deposited for the partition deed.
1 provisions across 1 enactments
N.P. RAMAN KUTTY AND ANR.
SUB REGISTRAR OFFICER, ANTHIKKADU
DISTRICT COLLECTOR, CIVIL STATION, THRISSUR
DISTRICT REGISTRAR (GENERAL), THRISSUR
A.MUHAMMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court