The High Court of Kerala allowed the withdrawal of the writ petition, reserving the petitioner's right to challenge stamp duty, due to the petitioner being forced to sell the property during proceedings.
Withdrawal of the writ petition allowed; right to challenge stamp duty impositions reserved.
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.
WP(C) NO. 5762 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
WP(C) NO. 5762 OF 2021
PETITIONER/S:
RAKESH T. AGED 29 YEARS S/O.THIRAVIYAM PILLAI, TC NO.41/1065, MANAKKAD P.O., THIRUVANANTHAPURAM, PIN-695 009, NOW RESIDING AT TC NO.51/1838, PERAKKONAM, MAMKULAM RESIDENCE NO.F4, PAPPANAMCODE, THIRUVANANTHAPURAM DISTRICT, PIN-695 018.
BY ADVS. C.A.CHACKO SMT.C.M.CHARISMA SHRI.ALEKH THOMAS
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REGISTRATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT REGISTRAR (GENERAL), OFFICE OF DISTRICT REGISTRAR(GENERAL), FIRST FLOOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023.
SRI SYED M THANGAL, GP
WP(C) NO. 5762 OF 2021
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5762 OF 2021
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JUDGMENT
When this writ petition was taken up today, Smt.C.M.Charisma, the learned counsel appearing for the petitioner, submitted that during the pendency of the proceedings, the petitioner was forced to sell out the property. According to the learned counsel, in view of the above development, the petitioner be permitted to withdraw this writ petition reserving his right to challenge the imposition of stamp duty.
Reserving the right sought for by the petitioner, the writ petition is dismissed as withdrawn.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
WP(C) NO. 5762 OF 2021 4
APPENDIX OF WP(C) 5762/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF SALE DEED NO.990/1/2020 OF SRO, NEMOM DATED 30.06.2020. EXHIBIT P2 TRUE COPY OF SALE DEED NO.1211/1/2020 OF SRO, NEMOM DATED 04.08.2020. EXHIBIT P3 TRUE COPY OF LAND TAX RECEIPTS DATED 24.09.2020. EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 17.02.2021 MADE BEFORE 3RD RESPONDENT WITH COPY TO 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF ACKNOWLEDGEMENT CARDS SIGNED BY RESPONDENTS 2 AND 3.
RESPONDENTS EXHIBITS:NIL
Rakesh T.
State of Kerala
District Registrar (General)
Sub Registrar Officer
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
