Allowed

Varghese Lalu, v. State of Kerala

Kerala HC23 Jun 2022WP(C)/18589/2022

Case brief

AI extract

What is this about?

Petitioner sought quashing of an order rejecting a refund application for unused e-stamp paper purchased for Rs. 3.52 lakhs. The rejection ignored Supreme Court and High Court orders extending limitation during the COVID-19 pandemic. The Court allowed the petition, set aside the impugned order, and directed the Revenue Divisional Officer to reconsider the application within six weeks.

What did the court decide?

Writ petition allowed; Ext.P4 set aside; direction to 2nd respondent to reconsider the refund application within six weeks.

Varghese Lalu, Vs State of Kerala — Money Laundering | Kerala HC (2022)

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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 T.R.RAVI

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THURSDAY, THE 23^RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944

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WP(C) NO. 18589 OF 2022

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PETITIONER:

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VARGHESE LALU, AGED 60 YEARS S/O. VARGHESE, EDANVILLA, AP13/394A, PARAYANGAD, PUKKOTTUPADAM P.O, MALAPPURAM DISTRICT, PIN:-679 332,

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REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, KOSHY THOMAS, 33/879D, THEEMBALANGATTU HOUSE, AARATTUKADAVU, VENNALAP.O, COCHIN-682 028.

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BY ADVS. SUBHASH CYRIAC SHEEBA JOSEPH S.SREEJITH (S-3453) ASHA JYOTHY

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY INSPECTOR GENERAL OF REGISTRATION, DEPARTMENT OF REGISTRATION, EX. MAYOR BALAKRISHNAN NAIR ROAD, VANCHIYOOR.P.O, THIRUVANANTHAPURAM-695 035.

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2 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, PUNALUR, KOLLAM DISTRICT- 691 305.

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SMT. C.S. SHEEJA, SR.GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 18589 OF 2022

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T.R.RAVI, J.

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WP(C) No.18589 OF 2022

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-------------------------------------------
 Dated this the 23rdday of June, 2022

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JUDGMENT

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Admit. Government Pleader takes notice for the
respondents.

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The writ petition has been filed seeking to quash Ext.P4
order and for a direction to the 2nd respondent to reconsider
the application dated 29.12.2021 submitted by the petitioner
for refund of e-stamp paper. The petitioner submits that the e-
stamp was purchased spending an amount of Rs.3,52,000/-
but the same could not be used and necessary application for
refund was not submitted on time, due to the spread of covid
pandemic. The petitioner has relied on the orders issued by
the Hon'ble Supreme Court and this Court whereby periods of
limitation was extended by excluding the period between
15.03.2020 and 28.02.2022. In Ext.P4, the Revenue Divisional
Officer has rejected the request solely based on the fact that
the refund application was not filed within time. The

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WP(C) NO. 18589 OF 2022

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contention of the petitioner regarding exclusion of time has not
been considered while issuing Ext.P4.

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In the above circumstances, this writ petition is allowed.
Ext.P4 is set aside. There will be a direction to the 2nd
respondent to reconsider the application dated 29.12.2021
with particular reference to the orders issued by the Hon'ble
Supreme Court and this Court regarding the period of
limitation. Necessary orders shall be issued within six weeks
from the date of receipt of a copy of this judgment. The
petitioner shall produce a copy of this judgment along with a
copy of the writ petition and the orders of the Hon'ble
Supreme Court and this Court on the issue before the 2nd
respondent for compliance.

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Sd/-

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T.R.RAVI

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JUDGE

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sn

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WP(C) NO. 18589 OF 2022

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APPENDIX OF WP(C) 18589/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 A TRUE COPY OF THE RECEIPT DATED 23.11.2020 ISSUED BY THE REGISTRATION DEPARTMENT.

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Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 27-11-2020 ISSUED BY REGISTRATION DEPARTMENT OF KERALA Exhibit P3 A TRUE COPY OF THE LETTER DATED 04-04-2022 ISSUED BY THE SUB COLLECTOR, FORT KOCHI.

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Exhibit P4 TRUE COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICER, PUNALUR DATED 19-04-22.

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RESPONDENT'S EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

Varghese Lalu, v. State of Kerala

Case brief

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Varghese Lalu, v. State of Kerala

Case brief

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