IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 OP.No. 292 of 2002(I) --------------------- PETITIONER: ------------ EVUJEEN PIOUS S/O.LONAPPAN,OLAKANGIL HOUSE,VENGILASSERY DESOM,VELOOR VILLAGE,THRISSUR, REP.BY HIS POWER OF ATTORNEY HOLDER NISHA PIOUS OLAKANGIL,BISHOPS QUARTERS,NJALAKAMKARA, TRIKKAKARA. BY ADV. SRI.N.S.MOHANDAS SMT.PRAJANI RAJAN RESPONDENTS: ------------- 1. THEDISTRICT REGISTRAR (GENERAL) ERNAKULAM. 2. THE VILLAGE OFICER,VELUR VILLAGE OFFICE, TALAPPILY TALUK,THRISSUR. BY GOVERNMENT PLEADER SMT. SMITHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 492 OF 2002 IN OP 292 OF 2002 DISMISSED 15.2.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 REVENUE RECOVERY DEMAND NOTICE DATED 5.12.2001 ISSUED BY THE SECOND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. 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