IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 19829 of 2005(I) -------------------------- PETITIONERS: ---------------------- 1. ASHRAF, S/O.MOIDUNNY, CHORIYADAN HOUSE, ALLANALLUR (PO), MANNARKKAD TALUK, PALAKKAD DISTRICT. 2. PATHUTTY, D/O.MOIDUNNY, CHERIYADAN HOUSE, ALLANALLUR (PO), MANNARKKAD TALUK, PALAKKAD DISTRICT. 3. NAZAR, S/O.MOIDUNNY, CHERIYADAN HOUSE, ALLANALLUR (PO), MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT: ---------------------- THE TALUK TAHSILDAR, TALUK OFFICE, MANNARKKAD TALUK, PALAKKAD DISTRICT. GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19829/2005 APPENDIX PETITIONERS EXHIBITS P1:- UNSIGNED SPOILED STAMP PAPER DT. 26.7.04 PURCHASED BY THE IST PETITIONER FRO PURPOSES OF MAKING A PARTITION DEED. P2:- REPLY DT. 30.12.04 ISSUED BY RESPONDENT REJECTING THE REQUEST OF THE IST PETITIONER FOR REFUND OF THE VALUE OF SPOILED STAMP PAPER. P3:- UNSIGNED SPOILED STAMP PAPER DT. 26.7.04 PURCHASED BY THE IST PETITIONER FOR PURPOSES OF MAKING A SETTLEMENT DEED. P4:- REPLY DT. 30.12.04 ISSUEED BY RESPONDENT REJECTING THE REQUEST OF THE IST PETITIONER FRO REFUND OF THE VALUE OF SPOILED STAMP PAPER. P5:- UNSIGNED SPOILED STAMP PAPER DT. 26.7.04 PURCHASED BY THE 2ND PETITIONER FOR PURPOSES OF MAKING A SETTLEMENT DEED. P6:- REPLY DT. 29.12.04 ISSUED BY RESPONDENT REJECTING THE REQUEST OF THE 2ND PETITIONER FOR REFUND OF THE VALUE OF SPOILED STAMP PAPER. P7:- UNSIGNED SPOILED STAMP PAPER DT. 26.7.04 PURCHASED BY THE 3RD PETITIONER FOR PURPOSES OF MAKING A SETTLEMENT DEED. P8:- REPLY DT. 30.12.04 ISSUED BY RESPONDENT REJECTING THE REQUEST OF THE 3RD PETITIONER FOR REFUND OF THE VALUE OF SPOILED STAMP PAPER. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.19829 of 2005 ----------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT Petitioner is aggrieved since his request for refund of the value of the spoiled stamp paper has been rejected. In the counter affidavit filed on behalf of the respondent it is stated that the provision applicable is Section 48(2) of the Stamp Act and that the impugned orders happened to be passed pursuant to mistaken notion of law. Therefore, the impugned orders are quashed. There will be a direction to the respondents to take appropriate action on the applications in accordance with law within a period of two months from the date of production of a copy of the judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.19829 of 2005 ----------------------------------- JUDGMENT 15th October, 2008