IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 7263 of 2009(C) ------------------------- PETITIONER(S): --------------- SURESH.C., AGED 46, S/O.LATE A.PARAMESWARA MENON, CHITTATH HOUSE, SOUTH CHITOOR, COCHIN-27. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT.DEPARTMENT OF REGISTRATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF REGISTRATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM. 4. THE DISTRICT TREASURY OFFICER, ERNAKULAM. MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.7263 of 2009 --------------------------------- Dated, this the 6th day of March, 2009 J U D G M E N T In this writ petition, a declaration that Sub Rule 22 of Rule 35 of the Kerala Manufacture and Sale of Stamp Rules, amended by Ext.P1 Kerala Manufacture and Sale of Stamp (Amendment) Rules, 2007 is applicable to those who had attained the age of 65 on the date of commencement of the Rule is sought for. The proviso to Sub Rule 22 of Rule 35 of the Rules reads as under:- “Provided that, if the death occurs before attaining the age of 65 years, a legal heir duly authorised by the other legal heirs, if any, may be appointed as the licensed vendor in the vacancy if he is otherwise qualified to be appointed and makes out an application before the District Treasury Officer within three months from the date of death.” A reading of the Rules show that for a legal heir to claim appointment on the death of the existing licencee, the death of the licencee should have occurred before his attaining the age of 65 years. 2. In so far as this case is concerned, as is seen from Ext.P3, the death occurred on 11/12/2008. At that time, the licencee had WP(C) No.7263/2009 -2- admittedly crossed 65 years. Subsequently, the petitioner made application and that has been rejected by Ext.P2 relying on Rule 35 (22) of the Rules. It is thereupon that this writ petition has been filed with the aforesaid and consequential prayers. 3. The learned counsel for the petitioner contends that as per the Rule as originally stood, there was no provision conferring right on the legal heir to claim appointment on the death of the licencee. According to him, the new restricted provision was introduced only in 2007 and the licence in favour of the deceased licencee was granted prior to 2007, and therefore, the position as it stood at the time of grant should be applicable while dealing with his claim for appointment. 4. I am not persuaded to agree with the learned counsel for the petitioner. First of all, any claim for appointment by a legal heir made subsequent to the introduction of Ext.P1 Rules has to be dealt with in the light of the Rules as amended by Ext.P1. The fact that the deceased licencee was granted the licence prior to 2007 is immaterial. In so far as the validity of Ext.P2 is concerned, Clause 22 of Ext.P1 Rules itself would show that a concession has been WP(C) No.7263/2009 -3- extended to the legal heirs of the deceased licencee, who at the time of death had not attained the age of 65. When a concession is extended, it is always open to the Government to introduce such conditions as they deem fit for extending the benefit of concession. It is in the exercise of that power, the Government has prescribed that the legal heir will be given appointment only if the death has occurred before the deceased had attained the age of 65 years. This being purely a matter of concession, the petitioner cannot contend that any of the legal rights of the deceased or the legal representative has been violated by this condition. On the basis of this, I am not inclined to entertain the writ petition. Therefore, the writ petition fails, and is dismissed. (ANTONY DOMINIC, JUDGE) jg