IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 200 of 2010()
1. MR. V.DAMODARAN, AGED 60 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB REGISTRAR,
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :08/01/2010
O R D E R
T.R. Ramachandran Nair, J.
- - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C) No. 200 of 2010-Y
- - - - -- - - - - - - - - - - - - - - - - - - - -
Dated this the 8th day of January, 2010.
JUDGMENT
The petitioner herein is the purchaser of a studio apartment in the
multistoried residential cum commercial complex “Meridean Centre” at
Market Road South End, Ernakulam. The said property is situated opposite
to the waste dumping yard of Cochin Corporation.
2. The petitioner purchased the said property under separate
agreements with the builder on 23.11.2009. Presently, the petitioner is
seeking exemption from payment of stamp duty in the light of Ext.P3 Govt.
Order. Ext.P4 is the judgment of this Court in W.P.(C) No.16722/2009
wherein a similar question was considered and this Court directed that the
directions issued in W.P.(C) No.31147/2008 are applicable to the petitioner
also. This Court directed the second respondent therein to register the sale
deed presented by the petitioner therein in accordance with law, without
stamp duty, provided all other statutory conditions are satisfied.
3. Herein, the petitioner submits that even though he has moved the
authorities in the matter, the benefit is not being extended to the petitioner
as he is not a party to Ext.P4 judgment.
wpc 200/2010 2
4. Heard learned Govt. Pleader appearing for the respondents, who
on instructions, submitted that the petitioner is entitled for the same
benefit. Therefore, the writ petition is disposed of in the following manner:
It is declared that the directions contained in the judgment in W.P.(C)
No.31147/2008 are applicable to the petitioner herein also. On
resubmission of the sale deeds for registration by the petitioner, the second
respondent will register them in accordance with law, without stamp duty,
provided all other statutory conditions are satisfied. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/