IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 3230 of 2009(H) ------------------------- PETITIONER(S): --------------- 1. MR. PRAMBAGH MOHAMMED RAFI, AGED 51 YEARS, S/O. CHIKKILODAN PUTHIYAVEETIL ABDULLA, RESIDING AT NESGHAR, C.C XLVIII/825, ELAMAKKARA.P.O, KOCHI - 682 026. 2. MRS. B.C. NAZNEEN, AGED 47 YEAR, W/O. PARAMBATH MOHAMED RAFI, RESIDING AT NESGHAR, C.C XLVIII/825, ELAMAKKARA.P.O, KOCHI - 682 026. (PETITIONERS ARE REP. BY THEIR POWER OF ATTORNEY HOLDER MR.B.C. NAUSHAD, AGED 49 YEARS, S/O. P.V. MOHAMMED, C.C XLIV/2278, JEMZIL, ASOKA ROAD, KALOOR, ERNAKULAM.) BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPT. OF TAX, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB REGISTRAR, SUB REGISTRAR OF OFFICE, ERNAKULAM SOUTH, ERNAKULAM. SMT.SUDHADEVI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.3230 of 2009 --------------------------------- Dated, this the 4th day of February, 2009 J U D G M E N T Ext.P3 Government Order provides that the flats having value less than Rs.5 lakhs have been exempted from stamp duty subject to the other conditions mentioned therein. The petitioners claim the benefit of this Government Order, and on that basis submitted Ext.P5 Sale Deed before the 2nd respondent for registration. However, the document has not been registered and that led the petitioners to file this writ petition. 2. Ext.P3 shows that the Government have announced a concession by exempting stamp duty that is payable for a category of flats. Going by the recitals in Ext.P5, prima facie, the petitioners would appear to be eligible for the benefit thereof. 3. The learned Government Pleader has no quarrel that the Government Order is not in force. If that be so, the petitioners are entitled to claim the benefit of Ext.P3, and the 2nd respondent is bound to extend the same to the petitioners. 4. In view of this, the writ petition is disposed of directing WP(C) No.3230/2009 -2- that it will be open to the petitioners to present Ext.P5 Sale Deed before the 2nd respondent, in which case, he shall examine the eligibility of the petitioners for the benefit of Ext.P3 Government Order and if it is found that the document comes within the scope of Ext.P3, the same shall be registered. 5. The petitioners shall produce a copy of this judgment before the 2nd respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg