IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 201 of 2009(Y) ------------------------ PETITIONERS: --------------- 1. MR.ANIL KUMAR.J, AGED 39 YEARS, S/O.R.JANARDHANAN PILLAI, 'KALATHIL', PUNNAPRA.PO, ALAPPUZHA, PIN-688004. 2. MR.R.HARI PRAKASH, AGED 53 YEARS, S/O.S.RAMAKRISHNAN NAIR, T.C.V/1942,(573 FS), 'BLUE BIRD', KOWDIAR, THIRUVANANTHAPURAM DIST, PIN-695003. BY ADV. SRI.GEORGE K.VARGHESE SRI.M.A.ASIF RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPT.OF TAX GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB REGISTRAR, SUB REGISTRAR OFFICE, ERNAKULAM SOUTH, ERNAKULAM. GOVERNMENT PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 201 of 2009 ------------------------------------ Dated this the 2nd day of January, 2009 JUDGMENT Exhibit P3 is the Government order, flats having value less than Rs.5,00,000/- have been exempted from stamp duty subject to other conditions mentioned therein. The petitioner states that he is entitled to the benefit of Exhibit P3, Government Order. On that basis, the petitioner submitted Exhibit P6 Sale deed to the second respondent for registration. However, the second respondent has not so registered the document and this led the petitioner to file this petition. 2. Admittedly, the Government Order provides certain exemptions and the petitioner is claiming the benefits therein. Effect of the Government order is explained by this court in Exhibit P4 judgment also. Since the petitioner submitted Exhibits P5 and P6, claiming the benefit of Exhibit P3 Government order, which has been explained in Exhibit P4 judgment, it is the duty of the 2nd respondent to consider Exhibits P5 and P6 and examine as to whether the petitioner is eligible for the benefit of Exhibit P3 Government Order W.P.(C) No. 201/ 2009 2 and Exhibit P4 judgment. 3. The writ petition is therefore disposed of directing the second respondent to examine as to whether Exhibit P5 Sale deed is eligible for the benefit of Exhibit P3 Government order and Exhibit P4 judgment. It is directed that if it is found that the document is eligible for the benefit of Exhibits P3 and P4 the same shall be registered without any further delay in this matter. The petitioner shall produce a copy of this judgment before the second respondent, who shall examine the matter without any further delay. ANTONY DOMINIC, JUDGE scm