IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 23770 of 2010(O) -------------------------- OS.150/2009 of ADDL.MUNSIFF'S COURT, KANNUR .................... PETITIONER(S): --------------------------- 1. ULLATTIL SEETHA, D/O.NARAYANAN, AGED 38 YEARS, ULLATTIL HOUSE, NEAR RAILWAY STATION, KOLATHUVAYAL ROAD, PAPPINISSERY AMSOM DESOM, KANNUR TALUK. 2. PULUKKAL SHIVADASAN, S/O.BALAN NAIR, AGED 46 YEARS, ULLATTIL HOUSE, NEAR RAILWAY STATION, KOLATHUVAYAL ROAD, PAPPINISSERY AMSOM DESOM, KANNUR TALUK. BY ADVS. SRI.U.BALAGANGADHARAN, SRI.G.GIREESH. RESPONDENT(S): ---------------------------- T.KRISHNAN, S/O.LATE CHAMU, AGED 50 YEARS, POOTHATTA PUTHIYA PURAYIL, PALLIKKUNNUMPURAM, VALAPATTANOM, KANNUR TALUK, KANNUR - 670 001. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23770/2010 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S.NO.150/2009 ON THE FILE OF ADDITIONAL MUNSIFF'S COURT, KANNUR. P2: COPY OF THE ORDER OF THE LEARNED MUNSIFF DTD. 7/07/2010 IN O.S.NO.150/2009 OF THE ADDL.MUNSIFF'S COURT, KANNUR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.T.SANKARAN, J. ------------------------------ W.P(C).No.23770 OF 2010 ------------------------------ Dated this the 10th day of January, 2011 JUDGMENT Defendants 1 and 2 in O.S.No.150 of 2009, Additional Munsiff's Court, Kannur, challenge the order dated 7th July, 2010, passed by the court below impounding Ext.B1 document under Section 33 of the Kerala Stamp Act. The order impounded reads as follows: “Suit for money. Plaintiff present. Defendants present. Plaintiff present, examined as PW1. Exts.A1 to A4 marked. Plaintiff's evidence closed. 1st defendant present, examined as DW1. Exts.B1 to B4 marked. Witness present, examined as DW2. Ext.B1 impounded u/s.33 of Kerala Stamp Act. DW1 is directed to deposit deficiency of stamp value as per law with penalty @10 times of the deficit. Registry is directed to intimate the Collector concerned after deposit of deficit and penalty. Defendants evidence closed, for hearing 09.07.2010.” 2. On a reading of the order impounded, the facts are not clear. It is not stated on what W.P(C).No.23770 OF 2010 2 ground the order for impounding was made. What passed in the mind of the court below is not clear from the order impugned. Therefore, the order is set aside . The court below shall pass fresh reasoned order. The Writ Petition is allowed as above. K.T.SANKARAN, JUDGE. cms