Disposed

K.a.Justin v. State of Kerala

Kerala HC7 Jun 2024WP(C)/25261/2023

Case brief

AI extract

What is this about?

Writ petition against a Sub-Registrar's impounding of a presented settlement deed before registration. The petitioners limited their prayer to return of the document, and the court directed the District Registrar to return it within 15 days, leaving the legality of the impounding open.

What did the court decide?

Direction to 2nd respondent/District Registrar to return the impounded settlement deed within 15 days; liberty to seek refund of stamp duty as per law.

K.a.Justin Vs State of Kerala — Property and Title | Kerala HC (2024)

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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 C. JAYACHANDRAN

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FRIDAY, THE 7^TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946

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WP(C) NO. 25261 OF 2023

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PETITIONERS:

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1 K.A.JUSTIN AGED 66 YEARS MANAGING PARTNER, ST.MARYS ACQUA FARM, S/O.K.L.ARULAPPAN, KUNNEL HOUSE, PARAYAKKAD P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688540

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2 LINDA JUSTIN AGED 62 YEARS PARTNER, ST.MARYS ACQUA FARM, W/O.K.A.JUSTIN, KUNNEL HOUSE, PARAYAKKAD P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688540 BY ADV ANIL KUMAR M.SIVARAMAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE DISTRICT REGISTRAR (GENERAL), OFFICE OF THE DISTRICT REGISTRAR (GENERAL), HPO., ALAPPUZHA, PIN - 688001

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3 THE SUB REGISTRAR, KUTHIATHODE CHERTHALA, ALAPPUZHA, PIN - 688533

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BY ADV AJITH VISWANATHAN – GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No. 25261 of 2023

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..2..

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J U D G M E N T

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Dated this the 7^th day of June, 2024

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Petitioners approached this Court aggrieved by Ext.P3 order, as per which, a settlement deed presented for registration was impounded by the 3^rd respondent/Sub-Registrar.

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2. When this matter was taken up for consideration today, learned counsel for the petitioners would submit that, petitioners require an order whereby the document presented for registration is returned to the petitioners, since they are not desirous of getting the document executed and registered, for the time being. Learned counsel also relies on a judgment of a Division Bench of this Court, which is produced as Ext.P4.

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W.P.(C).No. 25261 of 2023

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..3..

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3. The question as to whether the course adopted

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by the 3^rd respondent/Sub-Registrar in impounding the document before its registration, is legal or not, looms large. However, in view of the limited prayer now put forwarded by the counsel for the petitioner, resolution of the said issue does not appears to be imperative.

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4. In the circumstances, there will be a direction to the 2^nd respondent/District Registrar to return the document to the petitioners expeditiously, at any rate within a period of 15 days from the date of receipt of a copy of this judgment. It will be open for the petitioners to seek refund of the stamp duty paid, provided the same is enabled by law.

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W.P.(C).No. 25261 of 2023

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..4..

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The Writ Petition (Civil) is disposed of as above.

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Sd/-

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C. JAYACHANDRAN JUDGE

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W.P.(C).No. 25261 of 2023

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..5..

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APPENDIX OF WP(C) 25261/2023

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PETITIONER EXHIBITS

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Exhibit- P1	TRUE	COPY	OF	THE	SETTLEME	NT DEED
	EXECUT THE 3R	ED ON D RESP	15.3 ONDEN	.2023 T.	AND IMPO	UNDED BY
Exhibit- P2	TRUE	COP	Y	OF	THE	WRITTEN
	EXPLAN BY TH RESPON	ATION/ E 1ST DENT,	LETTE PETI DISTR	R DTD TIONER ICT RE	.19/4/202 BEFORE GISTRAR.	3, FILED THE 2ND
Exhibit- P3	TRUE	COP	Y	OF	THE	ORDER
	NO.INS ISSUED	3/902/ BY TH	2023, E 2ND	DA RESPO	TED 31 NDENT.	/5/2023,
Exhibit- P4	TRUE 29/5/2	COPY 018 IN	OF W.A.	THE NO.419	JUDGMEN /2018	T DTD.

K.a.Justin v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.a.Justin v. State of Kerala

Case brief

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