IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 7003 of 2010(A) ------------------------- PETITIONER: --------------- MR.V.K.MOHAN, AGED 57 YEARS, S/O.P.V.KRISHNAN, RESIDING AT V P HOUSE, WEST ARAKULAM, KODUNGALLUR-680 644, THRISSUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPT.OF TAX, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB REGISTRAR, SUB REGISTRAR OFFICE, ERNAKULAM SOUTH, ERNAKULAM. BY SR.GOVT.PLEADER SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.7003 OF 2010 ----------------------------------------------------- DATED THIS THE 8th DAY OF MARCH, 2010 J U D G M E N T Petitioner herein is the purchaser of a studio apartment in the multistoried residential cum commercial complex, “MERIDEAN CENTRE” at Market Road, South End, Ernakulam. The main prayer in the Writ Petition is for a direction to the 2nd respondent to register Exhibit P5 sale deed without stamp duty as exempted in Exhibit P3 order. As per Exhibit P3, the Government in exercise of the powers conferred under Clause (a) of sub-section (1) of Section 9 of the of the Kerala Stamp Act, 1988 has remitted the stamp duty of conveyance relating to flats/apartments to be executed chargeable under the said Act, provided the amount or value of the consideration for such conveyance excluding the value of the consideration for the undivided interest does not exceed rupees five lakhs. 2. Herein also the consideration is below rupees five lakhs. This Court has considered a similar issue in W.P.(C) No.200/2010, wherein it was held that the petitioner therein also W.P.(C)No.7003/10 -2- will be entitled to the benefit of Exhibit P3 G.O. 3. Herein also the position is identical. Therefore it is declared that the directions in Exhibit P4 judgment squarely applies to the petitioner also. On re-submission of the sale deed for registration by the petitioner, the 2nd respondent will consider the same in accordance with law without stamp duty, provided all other statutory conditions are satisfied. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn