IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 OP.No. 9663 of 2002(A) ---------------------- PETITIONER: ------------ N.P. KUNJAMOO, AGED 42 YEARS, S/O. ABDUL RAHIMAN, NALUPURAPPATIL HOUSE, CHERAPURAM, PEROL VILLAGE, NILESHWARAM. BY ADV. SRI.M.THAMBAN RESPONDENTS: ------------- 1. THE DISTRICT REGISTRAR, KASARGOD. 2. THE SPECIAL DEPUTY TAHSILDAR (R.R.), HOSDURG. BY G.P. SMT.SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.17217/2002 IN O.P. NO.9663/2002 DISMISSED: 7.1.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF NOTICE DT.11.12.2001 ISSUED BY R2. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.9663 of 2002 .................................................................... Dated this the 7th day of January, 2008. JUDGMENT Petitioner's grievance is that recovery proceeding is initiated without proper adjudication and without hearing the petitioner. Even though O.P. is pending for the last five years, no counter or statement is filed and adjudication order is also not produced in court. In the circumstances, O.P. is disposed of directing the petitioner to file objection before the first respondent treating the present demand as a proposal for demand of additional stamp duty within a period of two months from now. The first respondent is directed to adjudicate the matter afresh after hearing the petitioner within a period of one month thereafter. Recovery proceedings will remain stayed for four months from now and thereafter recovery will be based on fresh adjudication proceedings initiated by first respondent as above. However, if petitioner has any grievance, petitioner can file appeal against fresh adjudication proceedings. C.N.RAMACHANDRAN NAIR Judge pms