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. 10805 of 2005(J) -------------------------- PETITIONER: ----------------- MYTHREEDHARAN, S/O.VELAYUDHAN, KURUDIYAR HOUSE, P.O.VALAPPAD. BY ADV. SRI.V.V.ASOKAN SMT.S.AMINA RESPONDENTS: ---------------------- 1. NATTIKA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY. 2. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R1 SMT.N.SANTHA FOR R1 SRI.PETER JOSE CHRISTO FOR R1 GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10805 of 2005(J) PETITIONER'S EXHIBITS:- Ext.P1: Copy of the auction notice published by the first respondent. Ext.P2: Copy of the receipt issued by the first respondent evidencing remittance of 1/3rd of the bid amount by the petitioner. Ext.P3: Copy of the circular issued by the Secretary, Local Administration Department of the Government. Ext.P4: Copy of the interim order passed by this Hon'ble Court in OP.No. 19794/2003. RESPONDENTS EXHIBITS:- NIL. ( true copy ) PS TO JUDGE. kvs/- KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.10805 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.10805 of 2005 ----------------------------------- JUDGMENT 27th June, 2008