IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 19240 of 2006(M) --------------------------------------- PETITIONER: ------------------ G.PRIDHVIPAL, VILAKKATTUKOYIKKAL, PANANGAD P.O., KULANADA, PATHANAMTHITTA. BY ADV. SRI.K.R.RADHAKRISHNAN NAIR RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. PANDALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANDALAM GRAMA PANCHAYATH, PANDALAM. ADV. SRI.SIBY MATHEW FOR R2 SRI.A.A.MOHAMMED NAZIR FOR R2 SRI. V. MANU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009 ALONG WITH WPC NO.10581/2008 AND OTHER CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19240 of 2006(M) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE RECEIPT DATED 23/3/2006 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2: TRUE COPY OF THE RECEIPT DATED 28/2/2006 FOR RS. 45,000/- ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3: TRUE COPY OF THE NOTICE NO.A4/601/06 DATED 27/5/2006 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P4: TRUE COPY OF THE ORDER DATED 14/3/2005 IN WPC NO.8357/2005 OF THIS HONOURABLE COURT. EXHIBIT P5: TRUE COPY OF THE ORDER DATED 12/5/2006 IN WPC NO.12693/2006 OF THIS HONOURABLE COURT. EXHIBIT P6: TRUE COPY OF THE JUDGMENT DATED O.P NO.12255 OF 2003 DATED 17/7/2003 OF THIS HONOURABLE COURT. /TRUE COPY/ P.A. TO JUDGE scm THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.19240 OF 2006, Nos.10581 & 12234 OF 2008 & Nos.8678, 9911, 10411, 10575, 11910, 21606 & 21609 OF 2009 ------------------------------------------- Dated this the 20th day of August, 2009 JUDGMENT The petitioners in all these matters are successful bidders in auction for either bus stand or fish market. They are aggrieved by the insistence of the Panchayat authorities that they have to pay stamp duty on the document at the rate of 6.5% of the total amount covered by the contract. There is no provision in law for such insistence and the matter is covered in favour of the petitioners by the judgments reported in Sulaiman v. State of Kerala [2003(3) KLT SN 133 (case No.169)] and Palghat Municipality v. Narayanan Nair [1986 KLT 422]. Therefore, the interim order is made absolute and these writ petitions are allowed declaring that the stamp duty payable is only Rs.50/-. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.24/8.