High Court Kerala High Court

P.D.Vilasini vs State Of Kerala Represented By Its on 18 August, 2009

Kerala High Court
P.D.Vilasini vs State Of Kerala Represented By Its on 18 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13931 of 2009(J)


1. P.D.VILASINI,CHITTY AUDITOR
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY ITS
                       ...       Respondent

2. THE INSPECTOR GENERAL OF REGISTRATION,

3. THE DISTRICT REGISTRAR,OFFICE OF THE

4. THE ACCOUNTANT GENERAL,OFFICE OF THE

5. SUB TREASURY OFFICER,OFFICE OF THE

                For Petitioner  :SMT.MARY BENJEMIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :18/08/2009

 O R D E R
                     P.N. RAVINDRAN, J
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                W.P.(C) No.13931 of 2009.
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         Dated this the 18th day of August, 2009


                         J U D G M E N T

Heard Smt.Mary Benjamin, the learned counsel

appearing for the petitioner and Sri.Antony Mukkath, the

learned Government Pleader appearing for the respondents.

2. The petitioner retired from service on 31.8.2006

while she was working as Chitty Auditor (Sub Registrar) in

the office of the District Registrar (General), Ernakulam.

After the petitioner’s retirement, the District Registrar

(General), Ernakulam issued Ext.P9 Revised Liability

Certificate whereby, the sum of Rs.2,93,103/- was fixed as

her liability. The principal item of liability fixed in Ext.P9

liability certificate represents the stamp duty and

registration fees chargeable in respect of the documents

registered by the petitioner during the period from 5.1.2004

to 18.2.2004. It is stated that the said documents were

registered without adopting the fair value fixed in the

notification dated 5.1.2004 issued by the Government.

W.P.(C) No.13931 of 2009.

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Aggrieved by Ext.P9 liability certificate, the petitioner

moved the Government by submitting Ext.P13

representation dated 8.5.2009 wherein inter-alia she had

stated that the notification dated 5.1.2004 was received in

the office where she was working only on 15.1.2004 and

therefore, no liability can be imposed on her in respect of

the instruments registered by her during the period from

5.1.2004 to 15.4.2004. As regards the registrations made

after 15.1.2004, she has stated that only 11 instruments

were thereafter registered by her as the registering

authority and that out of the said 11 instruments only one

instrument was reported to be under valued. This writ

petition is thereafter filed challenging Ext.P9 and seeking a

writ in the nature of mandamus commanding the

respondents to disburse the DCRG in full.

3. The petitioner has filed I.A.No.8052 of 2009

wherein she has averred that if the instruments registered

by her during the period from 5.1.2004 to 15.1.2004 (both

W.P.(C) No.13931 of 2009.

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days inclusive) are excluded from consideration, her liability

can only be for the sum of Rs.30,206/-. She has on that

ground prayed for an interim order directing the

respondents to disburse the balance amount of DCRG.

When the said application came up for hearing on 3.7.2009,

the learned Government Pleader was requested to ascertain

whether only the sum of Rs.30,206/- is due from the

petitioner, if the instruments registered by her during the

period from 5.1.2004 to 15.1.2004 are excluded. Today,

when the writ petition came up for further hearing, the

learned Government Pleader appearing for the respondents

submitted that in the light of the decision of a Single Judge

of this Court in W.P.(C) No.36206 of 2008, instruments

registered prior to the receipt of the notification dated

5.1.2004 have to be excluded while fixing the liability and

that applying the said judgment, the petitioner’s liability is

only for the sum of Rs.30,206/- as stated by her in the

affidavit filed in support of I.A.No.38052 of 2009.

W.P.(C) No.13931 of 2009.

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4. In my opinion in view of the fact that the

respondents now concede that the liability of the petitioner

is only Rs.30,206/-, it is only appropriate that the balance

amount of D.C.R.G. is disbursed to her reserving liberty

with her to challenge the fixation of other items of liability

in Ext.P9 liability certificate before the Government in other

appropriate proceedings. I accordingly dispose of this writ

petition with the following directions:

a) The respondents shall release to the petitioner

within one month from the date of receipt of a certified copy

of this judgment, the DCRG sanctioned to her after

provisionally withholding the sum of Rs.30,206/-.

b) The petitioner’s entitlement to receive payment of

the balance amount of Rs.30,206/- will depend on the out

come of the appeal filed by her before the Government

challenging the fixation of the said amount as her liability.

c) The Government shall in the event of the petitioner

filing an appropriate representation before the Secretary to

W.P.(C) No.13931 of 2009.

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Government, Taxes Department challenging the fixation of

the sum of Rs.30,206/- as her liability, consider the same

and pass orders thereon within three months from the date

of receipt of the representation. Needless to say, the

petitioner shall also be afforded a reasonable opportunity of

being heard in the matter.

d) The Government shall after orders are passed

communicate a copy thereof to the petitioner. In the event

of the Government allowing the petitioner’s appeal, the

balance amount of DCRG, namely the sum of Rs.30,206/-

shall also be disbursed to her expeditiously.

e) If the decision of the Government is adverse to the

petitioner, it will be open to her to challenge the same in

other appropriate proceedings. Her contentions in that

regard are kept open.

P.N. RAVINDRAN,
JUDGE.

app/-