IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 5271 of 2010(H) ------------------------- PETITIONER(S): --------------- P.C KORATH, AGED 68, BUNINESS, S/O.P.V.CHACKO, PARAVATTIL HOUSE, TASS ROAD, ALUVA WEST VILLAGE, ALUVA TALUK, ALUVA (PO),PIN-683101. BY ADV. SRI.ABHILASH BHASKAR SRI.BINU JOHN SRI.SUNIL NAIR PALAKKAT RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REGISTRATIONDEPARTMENT, THIRUVANANTHAPURAM. 2. THE SUB REGISTRAR, SUB REGISTRAR OFFICE, CHENGAMANADU, ALUVA TALUK, ERNAKULAM DISTRICT. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.5271 of 2010 ------------------------------------------------ Dated this the 24th day of February, 2010 JUDGMENT The petitioner is a builder constructing low budget dwelling units in rural area and he is the managing partner of M/s.Dew Homes. The petitioner has already completed construction of certain apartments and proposes to effect the sale of it by executing separate sale deeds. Copy of the sale deeds are produced as Exts.P4 and P5. Exts.P1 to P3 are the sale deeds already registered by the concerned Sub Registrar Office. 2. It is the case of the petitioner that even though the documents were produced for registration before the Sub Registrar, Chengamanadu those were declined to be accepted stating that the same were not executed on stamp paper. According to the petitioner going by SRO.No.677/2007 published under Notification G.O.(MS)No.177/2007/TD dated 4/8/2007 (Ext.P6) it is provided as follows:- “ In exercise of the powers conferred by clause (4) of sub-section (1) of Section 9 of the Kerala Stamp Act, 1959 (17 of 1959), the Government of Kerala having considered it necessary in the public interest so to do, W.P.(C)No.5271 of 2010 2 hereby remit the duties with which all instruments of conveyance relating to flats/apartments to be executed are chargeable under said Act provided the amount or value of the consideration for such conveyance excluding the amount or value of the consideration for the undivided interest in the land does not exceed Rs.5,00,000/-(Rupees five lakhs only)”. It is therefore submitted that the second respondent is not entitled to insist for stamp duty. 3. Heard the learned Government Pleader appearing for the respondents. It is submitted that originals of Exts.P4 and P5 have not been produced for registration. If the petitioner produce them for registration, appropriate action will be taken to register the documents as requested for especially in the light of the SRO.No.677/2007. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj