IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 200 of 2010(Y) ----------------------------------- PETITIONER: ------------------- MR. V.DAMODARAN, AGED 60 YEARS, S/O. SANKARAN NAMBIAR, RESIDING AT KATTIKUDAM, KORATTY P.O., THRISSUR DISTRICT, PIN-680 308. BY ADV. MR.GRASHIOUS KURIAKOSE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPT. OF TAX, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB REGISTRAR, SUB REGISTRAR OFFICE, ERNAKULAM SOUTH, ERNAKULAM. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 200 of 2010-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2010. JUDGMENT The petitioner herein is the purchaser of a studio apartment in the multistoried residential cum commercial complex “Meridean Centre” at Market Road South End, Ernakulam. The said property is situated opposite to the waste dumping yard of Cochin Corporation. 2. The petitioner purchased the said property under separate agreements with the builder on 23.11.2009. Presently, the petitioner is seeking exemption from payment of stamp duty in the light of Ext.P3 Govt. Order. Ext.P4 is the judgment of this Court in W.P.(C) No.16722/2009 wherein a similar question was considered and this Court directed that the directions issued in W.P.(C) No.31147/2008 are applicable to the petitioner also. This Court directed the second respondent therein to register the sale deed presented by the petitioner therein in accordance with law, without stamp duty, provided all other statutory conditions are satisfied. 3. Herein, the petitioner submits that even though he has moved the authorities in the matter, the benefit is not being extended to the petitioner as he is not a party to Ext.P4 judgment. wpc 200/2010 2 4. Heard learned Govt. Pleader appearing for the respondents, who on instructions, submitted that the petitioner is entitled for the same benefit. Therefore, the writ petition is disposed of in the following manner: It is declared that the directions contained in the judgment in W.P.(C) No.31147/2008 are applicable to the petitioner herein also. On resubmission of the sale deeds for registration by the petitioner, the second respondent will register them in accordance with law, without stamp duty, provided all other statutory conditions are satisfied. No costs. (T.R. Ramachandran Nair, Judge.) kav/