IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 19025 of 2008(M) -------------------------- PETITIONER: ------------ AQUA TECH POLYMER PRODUCTS INDIA (P)LTD. VIII/194 (C) AKANAD, MUDAKKUZHA P.O. PERUMBAVOOR, REP.BY ITS MANAGING DIRECTOR T.P.SAJI, S/O.PARAMESWARAN THOMMBAYIL HOUSE, AKANAD, KUNNATHANADU TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENTS: ------------- 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY DEPARTMENT OF REVENUE SECRETARIATE, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANAD. 3. ADDITIONAL TAHSILDAR, KUNNATHUNADU TALUK, PERUMBAVOOR. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 19025 OF 2008 ==================== Dated this the 17th day of July, 2008. J U D G M E N T The petitioner purchased certain properties by Exts.P3 and P4 documents. Petitioner applied for mutation of the properties in the petitioner's name. Petitioner's grievance in this writ petition is that mutation is not being effected. 2. The learned Government Pleader submits that there is some doubt as to whether in the documents the value of the property has been correctly shown for the purpose of stamp duty. Therefore the District Collector has decide the question as to whether the property has been undervalued for the purpose of payment of stamp duty before effecting mutation, which is stated to be the delay in effecting mutation. 3. If there is actually undervaluation for the purpose of stamp duty, the Kerala Stamp Act confers sufficient powers on the authorities therein to take appropriate action and to realise the deficit stamp duty. Such proceedings will not in any way affect the title to the properties conferred by the sale deed on the W.P.(C).No. 19025 OF 2008 2 purchaser. Therefore I do not think that any such proceedings can be a reason for postponing consideration of the application for mutation submitted by the petitioner. Accordingly, I direct the competent among the respondents 2 and 3 to pass appropriate orders on the application for mutation submitted by the petitioner, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment. This would be without prejudice to the proceedings that may be initiated by the District Collector under the Kerala Stamp Act and Rules. The writ petition is disposed of as above. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the competent among the respondents 2 and 3 for compliance. S.SIRI JAGAN, JUDGE bkn/-