IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 OP.No. 26065 of 2002(C) ---------------------------------- (AGAINST THE ORDER DTD. 18/07/2002 IN COMPLAINT NO.394/2002 OF KERALA LOK AYUKTA) ......... PETITIONERS: --------------------- 1. THE SUB REGISTRAR, SUB REGISTRY OFFICE, KARUNAGAPPALLI POST, KOLLAM DISTRICT. 2. THE DISTRICT REGISTRAR, KOLLAM. BY GOVT. PLEADER MR. MOHAMMED HASHIM. RESPONDENTS: ------------------------ 1. ABU .S, SHIBU MANZIL, MYNAGAPPALLI NORTH, MYNAGAPPALLI POST, KOLLAM DISTRICT. 2. K.F.NOUSHAD, GENERAL SECRETARY, PEOPLES MOVEMENT FOR HUMAN RIGHTS, PAVUKKARA POST, MUNNAR, ALAPPUZHA DISTRICT. 3. KERALA LOK AYUKTA, LEGISLATIVE COMPLEX, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-33. BY ADV. MR. U.K. RAMAKRISHNAN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO.26065/2002-C: ORDER ON C.M.P. NO. 44259/2002 IN O.P. NO. 26065/2002-C CLOSED 07/10/2009. SD/- S. SIRI JAGAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT NO. 394/2002. EXT.P.2: COPY OF THE ORDER DTD. 18/07/2002 PASSED BY THE UPA LOK AYUKTA. EXT.P.3: COPY OF THE COMPLAINT. EXT.P.4: COPY OF THE NOTICE. EXT.P.5: COPY OF THE ANNEXURES SENT BY SUB REGISTRAR TO DISTRICT REGISTRAR. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== O.P.No. 26065 of 2002 ================== Dated this the 7th day of October, 2009 J U D G M E N T This original petition is filed by the Sub Registrar, Karunagappally and the District Registrar, Kollam, challenging Ext.P2 order of the Lok Ayukta, in complaint No.349/2002 filed by the 1st respondent, whereby the notice issued to the 1st respondent under the Kerala Stamp Act for recovery of deficit stamp duty on a document executed in favour of the 1st respondent, has been set aside by the Lok Ayukta. The contention is that the Lok Ayukta has no jurisdiction to entertain the complaint. 2. Although notice has been served on the respondents, the 1st respondent has not chosen to appear and contest the matter. An affidavit has been filed by the 2nd petitioner producing the documents on the basis of which proceedings under the Stamp Act have been initiated against the 1st respondent. In the same it is categorically averred that what has been quashed by the Lok Ayukta is only Ext.P4 notice, whereby the 1st respondent was called upon to show cause why the deficit stamp duty should not be recovered from him. It is submitted in the affidavit that final orders regarding the matter would be passed only after considering the objections of the 1st respondent after complying with the procedure prescribed under the Kerala Stamp o.p.26065/02 2 Act and Rules. 3. I am not going into the question of jurisdiction of the Lok Ayukta to entertain the complaint. In so far as what has been set aside by the Lok Ayukta is only a show cause notice, I do not think that the Lok Ayukata was justified in setting aside that notice. The Lok Ayukta ought to have directed the 1st respondent to file objections leaving it to the petitioners to pass final orders in the matter in accordance with the Stamp Act and Rules. 4. In view of my above findings, Ext.P2 order of the Kerala Loy Ayukta is quashed. The 1st petitioner shall issue a fresh notice to the 1st respondent calling upon him to file objections pursuant to Ext.P4 notice. Thereafter, after considering the objections which may be filed by the 1st respondent, an order as contemplated under the Kerala Stamp Act and Rules shall be passed with liberty to the 1st respondent to challenge the same appropriately if the order is adverse to him. However, I make it clear that before passing orders as directed above, the 1st respondent shall not be required to pay any deficit stamp duty. The original petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.26065/02 3 S.SIRI JAGAN, J. ================== O.P.No. 26065 of 2002-C ================== J U D G M E N T 7th October, 2009