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Yoosaf M. M. v. State of Kerala

Kerala HC3 Feb 2020WP(C)/1335/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of two writ petitions challenging threatened actions based on a provisional order under the Kerala Stamp Act. The Court directed the District Registrar to follow due procedure and pass a final order after providing a hearing to the petitioners.

What did the court decide?

The District Registrar was directed to follow Rule 5 of the Kerala Stamp (Prevention of under Valuation of Instruments) Rules, 1968, afford an opportunity of hearing, and pass a final order before tak

Yoosaf M. M. Vs State of Kerala — Property and Title | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941

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WP(C).No.1335 OF 2020(N)

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PETITIONER:

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YOOSAF M. M., AGED 60 YEARS, S/O. MOIDUNNI, MUTTICKKAL HOSUE, CHITTANDA P. O., CHITTANDA DESOM AND VILLAGE, VARAVOOR VIA, THRISSUR DISTRICT - 680 585.

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BY ADVS. SRI.SHOBY K.FRANCIS SMT.AGI SHOBY

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 DISTRICT REGISTRAR (AUDIT)/DISTRICT COLLECTOR, THRISSUR – 680 020.

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3 SUB REGISTRAR, OFFICE OF THE SUB-REGISTRAR, ERUMAPETTY SUB REGISTRAR OFFICE, ERUMAPETTY P. O., THRISSUR DISTRICT - 680 584.

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4 VILLAGE OFFICER, KARIYANNUR VILLAGE, ERUMAPETTY P. O., THRISSUR - 680 584.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2020, ALONG WITH WP(C).1885/2020(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)NOS.1335/2020 & 1885/2020

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..2..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941

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WP(C).No.1885 OF 2020(I)

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PETITIONER:

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JAREENA YOOSAF, AGED 52 YEARS, W/O.YOOSAF M.M., MUTTICKKAL HOUSE, CHITTANDA P.O., CHITTANDA DESOM AND VILLAGE, VARAVOOR VIA, THRISSUR DISTRICT-680 585.

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BY ADVS. SRI.SHOBY K.FRANCIS SMT.AGI SHOBY

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY IS SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 DISTRICT REGISTRAR (AUDIT)/DISTRICT COLLECTOR, THRISSUR-680 020.

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3 SUB-REGISTRAR, OFFICE OF THE SUB-REGISTRAR, ERUMAPETTY SUB-REGISTRAR OFFICE, ERUMAPETTY P.O., THRISSUR DISTRICT-680 584.

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4 VILLAGE OFFICER, KARIYANNUR VILLAGE, ERUMAPETTY P.O., THRISSUR-680 584.

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SRGP S GOPINATHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2020, ALONG WITH WP(C).1335/2020(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)NOS.1335/2020 & 1885/2020

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..3..

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JUDGMENT

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[ WP(C).1335/2020, WP(C).1885/2020 ]

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Dated this the 3rd day of February 2020

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These writ petitions are filed challenging a threatened action based

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on the provisional order passed under Sec. 45B of the Kerala Stamp Act. The petitioners had set out the detailed objection. The District Registrar shall follow all procedure as contemplated under Rule 5 of the Kerala Stamp (Prevention of under Valuation of Instruments) Rules, 1968. The petitioners objection shall be adverted to. After affording an opportunity of hearing to the petitioners, final orders shall be passed. However, it is made clear that no action shall be taken against the petitioners without passing the final order. The District Registrar is also directed to communicate this order in the manner as prescribed under the Rules.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

PR/3.02.2020

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APPENDIX OF WP(C) 1335/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE TITLE DEED EXECUTED DATED 22.6.2018 IN DOCUMENT NO.753/2018 OF SRO, ERUMAPETTY IN FAVOR OF THE PETITIONER.

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EXHIBIT P2 TRUE COPY OF CERTIFICATE DATED 3.11.2019 ISSUED BY THE LOCAL PANCHAYATH.

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EXHIBIT P3 TRUE COPY OF NOTICE ISSUED BY THE 2ND RESPONDENT IN FORM NO.II UNDER RULE 4 DATED 6.7.2018.

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EXHIBIT P4 TRUE COPY OF REFERENCE MADE BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 22.6.2018 IN FORM NO.I IN RULE 4.

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EXHIBIT P5 TRUE COPY OF PROVISIONAL ORDER OF DETERMINATION DATED 31.10.2019 IN ORDER NO.POV.753/18/EMPY ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P6 TRUE COPY OF OBJECTION DATED 16.12.2019 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

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EXHIBIT P7 TRUE COPY OF POSTAL ACKNOWLEDGEMENT CARD DATED NIL.

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..5..

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APPENDIX OF WP(C) 1885/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE TITLE DEED EXECUTED DATED 23.06.2018 IN DOCUMENT NO.762/2018 OF SRO, ERUMAPETTY IN FAVOR OF THE PETITIONER.

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EXHIBIT P2 TRUE COPY OF CERTIFICATE DATED 03.11.2019 ISSUED BY THE LOCAL PANCHAYATH.

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EXHIBIT P3 TRUE COPY OF NOTICE ISSUED BY THE 2ND RESPONDENT IN FORM NO.II UNDER RULE 4 DATED 06.07.2018.

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EXHIBIT P4 TRUE COPY OF REFERENCE MADE BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 23006.2018 IN FORM NO.1 IN RULE 4.

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EXHIBIT P5 TRUE COPY OF PROVISIONAL ORDER OF DETERMINATION DATED 31.10.2019 IN ORDER NO.POV.762/18/EMPY ISSUED BY THE 2ND RESPONDENT WITH WRITTEN COPY.

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EXHIBIT P6 TRUE COPY OF OBJECTION DATED 16.12.2019 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

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EXHIBIT P7 TRUE COPY OF POSTAL ACKNOWLEDGMENT CARD DATED NIL.

Yoosaf M. M. v. State of Kerala

Case brief

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Yoosaf M. M. v. State of Kerala

Case brief

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