High Court Kerala High Court

Evujeen Pious vs Thedistrict Registrar (General) on 15 February, 2008

Kerala High Court
Evujeen Pious vs Thedistrict Registrar (General) on 15 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 292 of 2002(I)


1. EVUJEEN PIOUS S/O.LONAPPAN,OLAKANGIL
                      ...  Petitioner

                        Vs



1. THEDISTRICT REGISTRAR (GENERAL)
                       ...       Respondent

2. THE VILLAGE OFICER,VELUR VILLAGE OFFICE,

                For Petitioner  :SRI.N.S.MOHANDAS

                For Respondent  :GOVERNMENT PLEADER

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

 Dated :15/02/2008

 O R D E R
                  C.N. RAMACHANDRAN NAIR, J.
                  --------------------------------------------
                         O.P. NO. 292 OF 2002
                  --------------------------------------------
               Dated this the 15th day of February, 2008

                                JUDGMENT

Petitioner’s allegation that recovery is initiated without

adjudication of stamp duty liability is not controverted through any

affidavit or statement, even though O.P. is pending for the last six

years. In the circumstances, O.P. is disposed of directing the first

respondent to determine liability after issuing notice containing

proposal, and after calling for written objections and after hearing the

petitioner. Fresh adjudication will be completed by the first respondent

within two months from the date of receipt of a copy of this judgment.

Petitioner will produce a copy of this judgment before the first

respondent for compliance. Recovery proceedings will be kept in

abeyance for five months from now and recovery thereafter will be

based on revised proceedings to be issued by the first respondent. If

the petitioner has any grievance against fresh adjudication petitioner

can file appeal before the District Court.

(C.N. RAMACHANDRAN NAIR)
Judge
kk

2