IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 16213 of 2010(B) -------------------------- PETITIONER(S): --------------- K.K.FATHIMA BEEVI, U.D.CLERK (RETIRED) REGISTRATION DEPARTMENT RESIDING AT THUDIYAMPEEDIKAYIL, ZAMZAM, KALPAKA ROAD, KODUNGALLUR. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF REGISTRATION KERALA, VANCHIYOOR, THIRUVANANTHAPURAM-35. 3. THE DISTRICT REGISTRAR (GENERAL) CHEMPUKAVU, THRISSUR-20. 4. THE SUB TREASURY OFFICER, KODUNGALLOOR. MR.ANTONY MUKKATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16213/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF LETTER DATED 05/03/2007 OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. P2 : COPY OF LETTER NO.E1.3148/2006 DATED 09/06/2008 OF R3 WITH THE LIABILITY CERTIFICATE. P3 : COPY OF LETTER NO.ARA.1-9266/07 DATED 11/03/2008 OF THE IG OF REGISTRATION. P4 : COPY OF LETTER NO.17422/03/G5(2) DATED 08/01/2004 OF THE DIRECTOR, PRINTING & STATIONERY WITH THE ENDORSEMENTS OF THE 2ND & 3RD RESPONDENTS COMMUNICATED TO THE PETITIONER ON 15/01/2004. P5 : COPY OF REPRESENTATION DATED 30/03/2010 TO R3. P6 : COPY OF LETTER NO.E1-3148/2006 DATED 19/04/2010 OF R3. P7 : COPY OF JUDGMENT DATED 06/04/2009 IN WP(C) NO.36206/2008. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.16213 of 2010 (B) --------------------------------- Dated, this the 11th day of August, 2010 J U D G M E N T Petitioner, who was an Upper Division Clerk, retired from the services of the Registration Department on 31/12/2006. She was in-charge of Sub Registrar of Mathilakom Sub Registry Office on 9th & 12th of January, 2004. It is stated that while so, Ext.P4 fair value notification was issued, which reached the Office of the District Registrar, Thrissur on 12/01/2004 and Sub Registry Office, Mathilakom on 15/01/2004. 2. On her superannuation, Ext.P2 liability certificate was issued to her fixing a liability of Rs.53,691/- on the allegation that she registered documents in violation of Ext.P4 notification while holding charge as Sub Registrar, SRO, Mathilakom. The petitioner complains that Ext.P4 notification having reached at SRO, Mathilakom only on 15/01/2004 and as the documents were registered prior to 15/01/2004, liability as shown in Ext.P2 could not have been fixed. On this basis, though she filed Ext.P5 WP(C) No.16213/2010 -2- representation, that also is seen rejected by Ext.P6 dated 19/04/2010. It is in these circumstances, this writ petition has been filed. 3. In my view, the issue is squarely covered by Ext.P7 judgment of this Court dated 06/04/2009 in WP(C) No.36206/2008, where the Joint Sub Registrar, in whose case also liability was fixed in identical circumstances, was exonerated of his liability, on the ground that the notification fixing fair value reached the SRO concerned subsequent to the registration of the documents. In that view of the matter, Ext.P2 liability certificate cannot be sustained. Accordingly, Ext.P2 will stand quashed and respondents 2 & 3 are directed to issue a fresh LC/NLC to the petitioner, in the light of the above. The petitioner shall produce a copy of this judgment before respondents 2 & 3, who shall comply with the directions within eight weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg