IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 12386 of 2005(Y) -------------------------------------- PETITIONER: ------------------- MANOJ KUMAR S., S/O. SASIDHARAN NAIR, AGED 27 YEARS, 9/178, RAJESH BHAVAN, MANGARATH GARDENS, PAPPANAMCODE P.O. BY ADV. SRI.M.SREEKUMAR. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. ATHIYANNOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY (SPECIAL GRADE) KODANGAVILA P.O., NEYYATTINKARA. BY ADV. SRI.L.MOHANAN - R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12386/2005-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER ISSUED BY THE R.2. DTD. 31/03/2003 TO THE PETITIONER. EXT.P.2: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P. NO. 11869/2000 DTD. 17/07/2003. EXT.P.3: COPY OF THE REPRESENTATION DTD. 30/03/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.12386 of 2005 ----------------------------------------- Dated this the 27th day of June, 2008 JUDGMENT In the matter of payment of stamp duty there is already an interim order which reads as follows:- “In case petitioner executes an agreement on stamp paper worth Rs.250/- (two hundred and fifty) and also executes an undertaking on a separate stamp paper worth Rs.50/- (fifty only) undertaking to pay the balance stamp duty found payable in case the apex court reverse the decision of this Court, the same shall be accepted.” It will be open to the Panchayat to take appropriate action depending on the decision by the apex court. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.12386 of 2005 ----------------------------------- JUDGMENT 27th June, 2008