Disposed

Moideenkutty @ Kunhavu Haji v. the District Registrar (Audit)

Kerala HC7 Jan 2016WP(C)/581/2016

Case brief

AI extract

What is this about?

The Court set aside a printed order of the District Registrar under Section 45 of the Kerala Stamp Act, 1959. The Bench directed fresh orders to be passed after the Registrar addresses the petitioner's objections filed under Section 45A and hears the petitioner within three weeks.

What did the court decide?

Impugned order set aside; Direction to pass fresh orders after considering petitioner's objections and hearing him.

Moideenkutty @ Kunhavu Haji Vs the District… — Writ and Judicial Review | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

THURSDAY, THE 7TH DAY OF JANUARY 2016/17TH POUSHA, 1937

¶5

WP(C).No. 581 of 2016 (W)

¶6

PETITIONER(S):

¶7

MOIDEENKUTTY @ KUNHAVU HAJI, S/O. KHADER HAJI, AGED 67 YEARS, PULIYAMKODATH HOUSE, THAVANOOR P.O., PONNANI TALUK, MALAPPURAM DISTRICT.

¶8

BY ADVS.SRI.C.M.MOHAMMED IQUABAL, SMT.ANJALI G.KRISHNAN.

¶9

RESPONDENT(S):

¶10

1. THE DISTRICT REGISTRAR (AUDIT), MALAPPURAM, OFFICE OF THE DISTRICT REGISTRAR (AUDIT), POST MALAPPURAM, MALAPPURAM DISTRICT, PIN- 676 505.

¶11

2. THE SUB REGISTRAR, PONNANI, PONNANI SUB REGISTRAR OFFICE, POST PONNANI, MALAPPURAM DISTRICT, PIN- 679 583.

¶12

BY GOVT. PLEADER SMT.C.K. SHERIN.

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

rs.

¶15

WP(C).No. 581 of 2016 (W)

¶16

APPENDIX

¶17

PETITIONER'S EXHIBITS:-

¶18

EXHIBIT-P1: TRUE COPY OF DOCUMENT NO.6311/2014 OF SRO PONNANI DATED 29.11.2014.

¶19

EXHIBIT-P2: THE TRUE COPY OF THE RELEVANT PAGE OF THE FAIR VALUE REGISTER.

¶20

EXHIBIT-P3: THE TRUE COPY OF THE REPLY SENT BY THE PETITIONER DATED 15.01.2015.

¶21

EXHIBIT-P4: THE TRUE COPY OF THE POSTAL RECEIPT DATED 17.01.2015.

¶22

EXHIBIT-P5: THE TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 25.11.2015.

¶23

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

A.MUHAMED MUSTAQUE, J.

¶28

¶29

W.P.(C).No.581/2016

¶30

¶31

Dated this the 7^th Day of January, 2016

¶32

J U D G M E N T

¶33

The petitioner has approached this Court aggrieved by the final

¶34

order issued by the District Registrar, Malappuram in a proceedings

¶35

initiated under Section 45 of the Kerala Stamp Act, 1959. Ext.P5 is the

¶36

impugned order.

¶37

As seen from the impugned order, the same is in a

¶38

printed form. The petitioner submits that he had raised objection to

¶39

the notice issued under Section 45A of the Kerala Stamp Act, 1959 as

¶40

per Ext.P3.

¶41

Considering the nature of the order passed, this Court is

¶42

of the view that the impugned order has to be set aside and

¶43

W.P.(C).No.581/2016

¶44

-:2:-

¶45

therefore, there shall be a direction to the District Registrar to pass

¶46

fresh orders after adverting to the objection of the petitioner in

¶47

Ext.P3 and also after hearing him within a period of three weeks from

¶48

the date of receipt of a copy of this Judgment.

¶49

The writ petition is disposed of as above. No costs.

¶50

Sd/-

¶51

A.MUHAMED MUSTAQUE, JUDGE

¶52

Moideenkutty @ Kunhavu Haji v. the District Registrar (Audit)

Case brief

What is this about?

What did the court decide?

Moideenkutty @ Kunhavu Haji v. the District Registrar (Audit)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Thulaseedharan Vs the Geologist

Radha Vs Balakiran I.A.S.

Joby K.P. Vs the Sub Inspector of Police

K.a.Sebastian Vs Local Level Monitoring Committee, Kakkanad

Shaji Vs State of Kerala

Jayasree Vs the Land Revenue Commissioner