IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 W.P(C).No. 9043 of 2009(A) --------------------------------- PETITIONER(S): ------------------- 1. MR.N.R.SATISH, 46 YEARS, S/O.N.A.RAJAN, PERMANENTLY RESIDING AT C.C.NO.1/1396, PATTALAM, FORTCOCHIN H.P.O., PIN-682 001. 2. MR.H.MUHAMMAD ABDUL SATHAR SAIT, 66 YEARS, S/O.HAJEE HASSAN YAKOOB SAIT, UPPUKOOTTIL HOUSE, BANK ROAD, KAYAMKULAM P.O., PIN-690 502. 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. GOVT. PLEADER, SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 9043 OF 2009 (A) ===================== Dated this the 24th day of March, 2009 J U D G M E N T Ext.P3 is a Government order which provides that flats having value less than Rs.5 lakhs have been exempted from stamp duty subject to other conditions specified therein. In this writ petition, what the petitioners submit is that they are entitled to the benefit of Ext.P3 Government order and on that basis, they presented Exts.P5(a) and P5(b) sale deeds before the 2nd respondent for registration and that the 2nd respondent has declined to register the documents. 2. The issue similar to this have been considered by this court and Ext.P4 is the judgment rendered by this Court in WP(C) No.3230/09, where the Registering Authority was directed to examine the eligibility of the petitioners for the benefit of the Government order, and if found to be eligible, to register the document. 3. The facts of this case being identical consistent with the above judgment, I dispose of this writ petition also directing that the 2nd respondent shall examine the eligibility of the WPC 9043/09 :2 : petitioners for the benefit of Ext.P3 Government order and if they are found to be eligible for the same, shall register the original of Exts.P5(a) and P5(b) on its presentation. Petitioners may produce a copy of this judgment before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp