IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 2880 of 2003(P)
1. THE SUB REGISTRAR, KULATHUPUZHA,
... Petitioner
2. THE DISTRICT REGISTRAR, KOLLAM.
3. STATE OF KERALA REPRESENTED BY
Vs
1. N.V. SHAMLA, D/O. MEERA SAHIB
... Respondent
2. KERALA LOK YUKTA, LEGISLATIVE COMPLEX,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.P.GOPALAKRISHNAN NAIR
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :21/11/2006
O R D E R
KURIAN JOSEPH, J.
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O.P.No.2880 OF 2003
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Dated this the 21th day of November, 2006
J U D G M E N T
Challenge is on Ext.P3 order passed by the Upa Lok Ayukta
upon Ext.P2 complaint filed by the 1st respondent. The issue
pertains to the steps taken by the petitioners for realising the
deficit stamp duty. The division bench of this court in judgment in
OP.2398/2002 has held that the remedy open to the aggrieved
party is to file an appeal before the District Court under Section
45(B)4 of the Kerala Stamp Act, 1955. For parity of reasons,
Ext.P3 order passed by the 2nd respondent is set aside. It is made
clear that the judgment will not stand in the way of the 1st
respondent pursuing the matter in an appeal before the District
Court. It is further made clear that in the event of the appeal
being filed within a period of two months from today, the same
shall be treated to have been filed in time. In order to enable the
1st respondent to workout the relief as above and also obtain
appropriate interim orders from the District Court, the recovery in
the matter shall be deferred for a period of four months.
The writ petition is disposed of as above.
(KURIAN JOSEPH, JUDGE)
ps
O.P.No. :2:
KURIAN JOSEPH, J.
O.P.No.2880/2003
JUDGMENT
21th November, 2006