IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 38361 of 2010(U) --------------------------------------- PETITIONER(S): ----------------------- SHANTHADEVAN, AGED 71 YEARS, S/O.KRISHNANKUTTY, NADUPARAMBIL HOUSE, CHOOLUR DESOM, EDATHURUTHY VILLAGE, KODUNGALLUR THALUK, THRISSUR DIST BY ADV. SRI.RAJIT RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, MINISTY OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM.PIN- 695 001 2. THE SECRETARY, BOARD OF REVENUE THIRUVANANTHAPURAM.PIN-695 001 3. THE SUB REGISTRAR, THRIPRAYAR SUB REGISTRAR OFFICE, THRIPRAYAR, THRISSUR DIST.PIN- 680 567 R1 TO R3 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ------------------------- W.P (C) No. 38361 of 2010 -------------------------- Dated this the 21st January, 2011 J U D G M E N T The case of the petitioner is that he presented Ext.P3 document for registration and according to him the document is liable to be registered as a rectification deed. It is contended that when Ext.P3 was presented for registration before the 3rd respondent, the 3rd respondent returned the document demanding that the stamp duty as payable on sale deed should be remitted. It is with this complaint, this writ petition has been filed. 2. When the writ petition came up for on 23.12.2010, the case was adjourned for the learned Government Pleader to get instructions in the matter. Instructions received by the learned Government Pleader is to the effect that the petitioner has not so far presented Ext.P3 document for registration and that therefore the 3rd respondent did not have any occasion to return the document as alleged by him. Now that such a dispute has been raised in the absence of anything to contradict the same, the only order that can be passed in the writ W.P (C) No. 38361 of 2010 2 petition is that it will be open to the petitioner to present the original of Ext.P3 before the 3rd respondent in which event, the 3rd respondent will consider the request of the petitioner for registering it as a rectification deed and if the document cannot be registered as sought for by the petitioner, appropriate orders will be passed in the matter. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 3rd respondent for compliance. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge W.P (C) No. 38361 of 2010 3