IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 26445 of 2008(W) -------------------------- PETITIONER(S): --------------- 1. APPU, AGED 55 YEARS, S/O. AYYAPPAN, KUZHUPPALLIPARAMBIL HOUSE, ELAVOOR.P.O, ALUVA. 2. JAYASREE, W/O. APPU, KUZHUPPALLIPARAMBIL HOUSE, ELAVOOR.P.O, ALUVA. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. THE SUB REGISTRAR, SUB REGISTRAR OFFICE, NELLAI, THRISSUR DISTRICT. 2. AMBALLUR SERVICE CO-OPERATIVE BANK, P.O. ALGAPPANAGAR, THRISSUR DIST, REPRESENTED BY ITS SECRETARY. 3. THE DISTRICT REGISTRAR, DISTRICT REGISTRAR OFFICE, THRISSUR. R1, R3 BY GOVT. PLEADER SRI.I.V.PRAMOD R2 BY ADV. SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.26445/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF DECISION OF EXECUTIVE COMMITTEE OF THE 2ND REPSONDENT DATED 7.7.08. EXT.P2: TRUE COPY OF THE NOTIFICATION AS G.O.(MS) 795/60/AGRI DATED 8.10.1960. EXT.P3: TRUE COPY OF THE LETTER NO.20478/E2/TD DATED 25.9.1991. EXT.P4: TRUE COPY OF THE SALE DEED DATED 9.7.08 EXECUTED BY SOCIETY AND PETITIONER. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.26445 OF 2008 ------------------------------------------- Dated this the 18th day of November, 2008 JUDGMENT Petitioners state that they purchased an item of property from the second respondent which is a co-operative society and is, therefore, entitled to exemption from payment of stamp duty under the Kerala Stamp Act on that transaction and document. This is a matter which the Sub Registrar has to decide while registering the document. If the decision of the Sub Registrar is against the interest of the petitioners, they will be given a copy of the decision disclosing reasons thereof because the petitioners will be entitled to challenge that decision, if aggrieved. Hence, it is directed that any request of the petitioners for registering any document without levying duty under the Stamp Act will be considered by the Sub registrar and decision issued thereon within a period of two weeks of the request and production of the draft of such document. The writ petition is ordered accordingly, leaving open all other contentions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.