IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 21386 of 2008(U) -------------------------- PETITIONER: ------------ K.A. RAJESH, S/O. ALEX, AGED 38 YEARS KUTTATHIPARAMBIL HOUSE, THOPPOUMPADY P.O., PALLURUTHY NORTH, RAMESWARAM VILLAGE,KOCHI TALUK BY ADV. SRI.THOMAS CHAZHUKKARAN SRI.C.P.PEETHAMBARAN RESPONDENTS: ------------- 1. THE SUB REGISTRAR, KUZHUPPILLY, ERNAKULAM DISTRICT 2. THE DISTRICT REGISTRAR (AUDIT) ERNAKULAM. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 21386 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 24th July, 2008. J U D G M E N T The petitioner's grievance in this writ petition is that proceedings is being taken against him for recovery of deficit stamp duty in respect of a sale deed in his favour, without issuing a final order as provided in the Kerala Stamp Act and Rules. The learned Government Pleader has today handed over an authenticated copy of the final order to the learned counsel for the petitioner. However, the learned Government Pleader admits that the order was despatched only by ordinary post. Accordingly, I am of opinion that the petitioner should be given an opportunity to challenge that order appropriately as provided under the Kerala Stamp Act. In the above circumstances, the writ petition is disposed of with the following directions: The order now handed over by the learned Government Pleader to the counsel for the petitioner would be taken as the order served on the petitioner for the purpose of deciding the question of payment of deficit stamp duty in respect of the sale deed in question. The petitioner is free to challenge the same appropriately as per the provisions of the Kerala Stamp Act. For enabling the petitioner to take further steps in the matter, I direct that further proceedings pursuant to Ext. P2 shall be kept in abeyance for a period of one month. The writ petition is disposed of as above. I make it clear that for the purpose of calculating limitation for challenging the order, the date of service of the order on the petitioner shall be today. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.