K.B.Suhara vs the Sub Registrar

K.B.Suhara vs The Sub Registrar

Type Court Judgment Court Kerala Decided Feb 29, 2024

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https://sooperkanoon.com/case/1297516

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Citation: sooperkanoon.com/1297516
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Feb 29, 2024
Case Number: WP(C)/7959/2014

Parties & Advocates

Appellant / Petitioner

K.B.Suhara

Respondent

The Sub Registrar

Excerpt

.....the exbt p-1 document.(b) issue a writ of mandamus or other appropriate writ, order or direction to the 1st and 2nd respondents to refund the additionally collected registration fees of rs.19,725/- to the petitioner with interest.(c) issue such other writ, order or direction, as this honourable court may deem fit and proper in thefacts and circumstances of the case.(d) award the cost of these proceedings to the petitioner. [sic]2. this writ petition is filed challenging ext.p4 order.admittedly, the petitioner has got an alternate remedy against ext.p4 order as per section 44 of the kerala stamp act, 1959. if that is the case, i think this writ petition need not be retained at this stage. the petitioner can be given an opportunity to file appropriate proceedings under section 44 of the kerala stamp act. therefore, this writ petition is disposed of with the following directions:a) the petitioner is at liberty to file appropriate proceedings under section 44 of the kerala stamp act against ext.p4 order within one month from the date of receipt of a copy of thisjudgment.b) once such a representation/proceeding is received, the 3rd respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner as expeditiously as possible, within 5 months from the date of receipt of the representation/proceedings. sd/- p. v. kunhikrishnan judge sbna/ appendix of wp(c) 7959/2014petitioner exhibits ext.p1 - true typed copy of the settlement deed dated 23- 1-2014 ext.p2 - the true copy of the notice no.395/14 dated 3-2- 14 issued by the 2nd respondent to the mr.ahamed ansari ext.p3 - the true copy of the objection dated 17-02-2014 submitted by ahamed ansari before the 2nd respondent ext.p4 -true copy of the order no.ins(2)395/2014 dated 3- 3-2014 passed by the 2nd respondent ext.p5 - true copy of the settlement deed no.264 of 2014 of sro maradu.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 WP(C) NO. 7959 OF 2014 PETITIONER: K.B.SUHARA, AGED 65 YEARS, W/O.V.A.MUHAMMED KUNJU, RESIDING AT FIRDOUSE MATTATHIL BHAGAM DESOM, VADUTHALA JETTY P.O. AROOKUTTY, PIN-688 535 SRI.N.S.MOHAMMED USMAN SRI.A.S.BENOY SRI.P.A.FIROZKHAN SMT.PRIYA DEVI.P RESPONDENTS: 1 THE SUB REGISTRAR SUB REGISTRAR'S OFFICE, MARADU - 682 304. 2 THE DISTRICT REGISTRAR [GENERAL] DISTRICT REGISTRAR'S OFFICE, ERNAKULAM 682 016 3 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REGISTRATION, THIRUVANANTHAPURAM - 695 001. SRI B.S.SYAMANTAK, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P. V. KUNHIKRISHNAN, J.
W.P(C).No.7959 of 2014 Dated this the 29th day of February, 2024

JUDGMENT

The above Writ Petition is filed with the following prayers:

(a) issue a writ of Certiorari or other appropriate writ,

order or Direction to call for the entire records

relating Ext P-4 order passed by the 2nd respondent and quash the same and declare that proper stamp duty paid for the Exbt P-1 document.

(b) Issue a writ of Mandamus or other appropriate writ, order or Direction to the 1st and 2nd respondents to refund the additionally collected registration fees of Rs.19,725/- to the petitioner with interest.

facts and circumstances of the case.

(d) Award the cost of these proceedings to the petitioner. [SIC]

2. This Writ Petition is filed challenging Ext.P4 order.

Admittedly, the petitioner has got an alternate remedy against Ext.P4 order as per section 44 of the Kerala Stamp Act, 1959. If that is the case, I think this Writ Petition need not be retained at this stage. The petitioner can be given an opportunity to file appropriate proceedings under section 44 of the Kerala Stamp Act. Therefore, this Writ Petition is disposed of with the following directions:

a) The petitioner is at liberty to file appropriate proceedings under section 44 of the Kerala Stamp Act against Ext.P4 order within one month from the date of receipt of a copy of this

judgment.

b) Once such a representation/proceeding is received, the 3rd respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner as expeditiously as possible, within 5 months from the date of receipt of the representation/proceedings. Sd/- P. V. KUNHIKRISHNAN JUDGE Sbna/ APPENDIX OF WP(C) 7959/2014

PETITIONER EXHIBITS EXT.P1 - TRUE TYPED COPY OF THE SETTLEMENT DEED DATED 23- 1-2014 EXT.P2 - THE TRUE COPY OF THE NOTICE NO.395/14 DATED 3-2- 14 ISSUED BY THE 2ND RESPONDENT TO THE MR.AHAMED ANSARI EXT.P3 - THE TRUE COPY OF THE OBJECTION DATED 17-02-2014 SUBMITTED BY AHAMED ANSARI BEFORE THE 2ND RESPONDENT EXT.P4 -TRUE COPY OF THE ORDER NO.INS(2)395/2014 DATED 3- 3-2014 PASSED BY THE 2ND RESPONDENT EXT.P5 - TRUE COPY OF THE SETTLEMENT DEED NO.264 OF 2014 OF SRO MARADU.

Same Court & Year Kerala · 2024 Same Parties K.B.Suhara vs The Sub Registrar Same Judge Honourable Mr. Justice P.V.Kunhikrishnan