High Court of KeralaWP(C)/39730/2015disposed of

Vincy Francis v. State Of Kerala

2015-12-23Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 39730 of 2015 (M) ---------------------------- PETITIONER:

-------------------------- VINCY FRANCIS AGED 50 YEARS W/O.FRANCIS, KOTTACKAL HOUSE, NAYATHODE P.O.

ERNAKULAM DIST.-683 572 BY ADVS.SRI.AVANEESH KOYIKKARA SRI.LINDONS C.DAVIS RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY IS SECRETARY, DEPARTMENT OF TAXES, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM-695 001.

3. DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM-682 030.

4. DISTRICT REGISTRAR, ERNAKULAM - 682 018.

5. SUB REGISTRAR, SUB REGISTRAR OFFICE, ANGAMALY -683 572.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 2312-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).NO. 39730 OF 2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 : COPY OF THE JUDGMENT DATED 24.07.2015 IN W.P.(C).NO.19033/14 EXT.P2 : COPY OF THE STAMP DUTY AND CHALLANS PAID ON SALE DEED NO.3430/1/2014 OF SRO, ANGAMALY EXT.P3 : COPY OF THE ORDER DATED 04.10.2014 PASSED ON FAIR VALUE APPEAL. EXT.P4 : COPY OF REVISED FAIR VALUE PUBLISHED IN KERALA GAZETTE. EXT.P5 : COPY OF THE APPLICATION DATED 10.12.2015 FOR REFUND OF EXCESS STAMP DUTY AND REGISTRATION CHARGES.

RESPONDENT'(S) EXHIBITS: NIL // TRUE COPY// P A TO JUDGE sm/

A. MUHAMED MUSTAQUE, J.

--------------------------------------------------------- W.P.(C).No. 39730 of 2015 --------------------------------------------------------- Dated this the 23rd day of December, 2015

JUDGMENT

The petitioner submits that her objection in the fair value appeal has been affirmed by the District Collector, as per Ext.P3. Therefore, in the light of Ext.P3, the excess amount paid for stamp duty and registration charges shall liable to be refunded in the light of the directions in Ext.P1 judgment. The petitioner made a request before the District Registrar by Ext.P5.

2. This Court is of the view that the excess amount paid as stamp duty and registration charges shall be refunded in tune with Ext.P3 order of the District Collector. Needful shall be done within a period of three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr