IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WP(C).No. 18818 of 2009(V) --------------------------------------- PETITIONER(S): ---------------------- SIJO P.ALEX, 2A, SHARON NEST, VAZHAKALA, KAKKANAD, KOCHI-30. BY ADV. SRI.ALEX VARGHESE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, TAXES (E) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT REGISTRAR (GENERAL), RAILWAY STATION ROAD, ERNAKULAM SOUTH, KOCHI-682 016. R1 & R2 BY SR. GOVT. PLEADER MR.BENNY GERVASIS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2011, ALONG WITH WPC NO. 26155 OF 2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 18818 of 2009(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.2695/2008 DATED 03/10/2008. EXT.P2: COPY OF THE ORDER NO.PUV/2695/08/THRA DATED 10/06/2009 PASSED BY 2ND RESPONDENT. EXT.P3: COPY OF THE G.O.(P) NO.57/2009/TD DATED 27/03/2009 ISSUED BY 1ST RESPONDENT. EXT.P4: COPY OF THE PRESS RELEASE ISSUED BY DISTRICT REGISTRAR, THIRUVANANTHAPURAM IN MALAYALA MANORAMA ON 30/06/2009. EXT.P5: COPY OF THE REPRESENTATION DATED 18/06/2009 SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs J.CHELAMESWAR, C.J. & ANTONY DOMINIC, J. =============================== W.P(C). NOs. 18818, 26155, 26937, 27210, 27211, 27212, 27213, 27214, 27332, 27333, 27334, 27335, 27336, 27337, 34604 OF 2009, 2926, 2927, 5183, 5879, 6610, 6944, 7079 7444, 9279, 9281, 9365, 9502, 10024, 10384, 10787, 11055, 13076, 13617 OF 2010, 10211 & 10212 OF 2011 ================================= Dated this the 10th day of June, 2011 J U D G M E N T Antony Dominic, J. Petitioners in these batch of writ petitions own apartments and undivided share of landed properties in which the said apartments have been constructed. The District Registrar issued notices to the petitioners calling upon them to remit additional stamp duty in respect of the property upon which the said apartments owned by them have been constructed. 2. It was thereupon that these writ petitions were filed and the challenge raised by the respective petitioners is against such notices. At the admission stage, interim orders have been passed by this Court and some of the petitioners have not made payment of the amounts demanded and in some cases conditional interim orders have been passed. WP(C) No.18818/09 & conn.cases : 2 : 3. When the cases were taken up for hearing, what we notice is that in most of the cases the petitioners have not even filed their objections to the notice and in some cases where objections have been filed, no adjudication has been conducted by the District Registrar concerned. Therefore, in our view, at this stage, the challenge against the notices raised in these writ petitions is premature. 4. In that view of the matter, we dispose of these writ petitions with the following directions:- (1) In cases where objections have not been filed to the notices, it will be open to the respective petitioners to file objections before the District Registrar concerned. (2) Such objections shall be filed within 4 weeks from today. (3) Thereafter the District Registrar concerned shall issue notice to all the petitioners, consider the objections, which are already filed or filed as per para (1) above, hear them and pass WP(C) No.18818/09 & conn.cases : 3 : appropriate orders in accordance with the provisions of the Kerala Stamp Act and the Rules framed thereunder. (4) It is directed that until orders are passed as above, interim orders passed by this Court will remain in force. (5) Such orders shall be passed within 3 months of receipt of the objections. J.CHELAMESWAR CHIEF JUSTICE. ANTONY DOMINIC JUDGE. Rp