Ram Kunnathputhiyapurayil Mustafa Hajee v. Commissioner Of Land Revenue
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 WP(C).No. 24673 of 2005 (K) ---------------------------- PETITIONERS :
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1. RAM KUNNATHPUTHIYA PURAYIL MUSTHAFA HAJEE, S/O.MOOSANKUTTY HAJEE, REPRSENTED BY HIS POWER OF ATTORNEY KADAVANTAKATH PADIYIL SULEKHA, D/O.HAMSAKKUNHI AGED 33 YEARS, RESIDING AT PAPPINISSERY AMSOM, AROLI DESOM, KANNUR.
2. KADAVANTAKATH PADIYIL SULEKHA, D/O.HAMSAKUNHI, AGED 33 YEARS, RESIDING AT PAPPINISSERY AMSOM, AROLI DESOM, KANNUR.
BY ADVS.SRI.V.R.K.KAIMAL SRI.N.M.MADHU RESPONDENTS :
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1. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, TRIVANDUM.
2. THE DISTRICT REGISTRAR (GENERAL), GUNDERT ROAD, THALASSERY, KANNUR DISTRICT.
3. THE SUB REGISTRAR, VALAPATTANAM SUB REGISTRY OFFICE, KANNUR DISTRICT. BY SR.GOVERNMENT PLEADER SRI.SOJAN JAMES THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24673 of 2005 (K) APPENDIX PETITIONERS' EXHIBITS :- EXT.P1 :
COPY OF THE G.O. DTD.8.10.1960.
EXT.P2 :
COPY OF THE SALE DEED NO.12/2004 OF SRO, VALAPATTANAM.
EXT.P3 :
COPY OF THE LETTER DTD.24.9.2004 ISSUED BY THE 2ND RESPONDENT.
EXT.P4 :
COPY OF THE REPLY SUBMITTED BY THE PETITIONERS ON 14.10.2004 BEFORE THE 1ST RESPONDENT.
EXT.P5 :
COPY OF THE ORDER DTD.2.11.2004 OF THE FIRST RESPONDENT.
EXT.P6 :
COPY OF THE REVISION FILED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT.
EXT.P7 :
COPY OF THE INTIMATION DTD.18.4.2005 ISSUED BY THE FIRST RESPONDENT.
EXT.P8 :
COPY OF THE ORDER DTD.18.5.2005 OF THE THIRD RESPONDENT.
EXT.P9 :
COPY OF ENVELOPE IN WHICH EXT.P8 ORDER WAS DESPATCHED.
RESPONDENTS' EXHIBITS :- NIL True copy P.A to Judge
ANIL K.NARENDRAN, J.
----------------------------------------- W.P.(C)No.24673 of 2005 ------------------------------------------- Dated this the 3rd day of July, 2015
JUDGMENT
The petitioners, who are members of M/s.Western India Tiles and Bricks Manufacturing Workers Industrial Co-operative Society, have filed this Writ Petition seeking a writ of certiorari to quash Ext.P8 proceedings of the 3rd respondent by which the petitioners were directed to remit the entire stamp duty and penalty in respect of Ext.P2 sale deed bearing No.P2/04 of SRO Valapattanam, a document executed by the Cooperative Society in which they are members, pursuant to an auction conducted in respect of an extent of 1.6 acres of land. The issue raised in this Writ Petition is squarely covered against the petitioner in the light of the judgment of this Court in Sub Registrar, Palakkad & others Vs. Kerala State Co-operative Consumers Federation Ltd. 2015(1) KLJ 227 (in which I was a party). In the result, this writ petition fails and the same is dismissed. ANIL K.NARENDRAN, JUDGE skj