Athikkal Muhammed Kunhi vs District Registrar(General) on 27 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 19107 of 2002(Y)


1. ATHIKKAL MUHAMMED KUNHI, AGED 55 YEARS,
                      ...  Petitioner

                        Vs



1. DISTRICT REGISTRAR(GENERAL),
                       ...       Respondent

2. THE DISTRICT COLLECTOR, KANNUR.

3. SPECIAL DEPUTY TAHSILDAR (RR),

4. VILLAGE OFFICER, RAMANTHALI.

                For Petitioner  :SRI.M.V.AMARESAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :27/11/2007

 O R D E R
                      C.N.RAMACHANDRAN NAIR, J.
                 ....................................................................
                               O.P. No.19107 of 2002
                 ....................................................................
                Dated this the 27th day of November, 2007.

                                        JUDGMENT

The O.P. is filed five years back challenging recovery proceedings for

recovery of differential stamp duty based on alleged undervaluation in the

document. Even though counter affidavit was filed, no adjudication order

is produced by respondents justifying the recovery. In the circumstances,

the first respondent is directed to issue a fresh notice, hear the petitioner’s

objections and complete adjudication within two months from date of

receipt of copy of this judgment. The petitioner will produce copy of this

judgment before the first respondent and co-operate in the enquiry for

completion of adjudication in time. Recovery proceedings will be kept in

abeyance until orders are issued as above. Fresh orders will substitute

impugned proceedings. If petitioner does not co-operate with enquiry,

recovery could be continued under the present orders after expiry of the

time stated above.

The O.P. is disposed of as above.

C.N.RAMACHANDRAN NAIR
Judge
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