IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 13427 of 2009(O) -------------------------- CMA.28/2006 of II ADDL. DISTRICT COURT, KOLLAM .................... PETITIONER(S): -------------------------- REJI,AGED 39 YEARS,S/O.THANKACHAN, RESIDING AT REJI BHAVAN,POOVATTOOR EAST, PERUMKULAM.PO,KALAYAPURAM,KOTTARAKKARA,KOLLAM. BY ADV. MR.SYAM J. SAM RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REP:BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM. 2. DISTRICT REGISTRAR (GENERAL)(EXERCISING THE POWER OF THE COLLECTOR)KOLLAM. 3. DEPUTY TAHSILDAR(RR),TALUK OFFICE, KOTTARAKKARA,KOLLAM. BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13427/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF THE SECOND RESPONDENT DTD.18/01/06. P2: COPY OF THE CMA NO.28/06 FILED BEFORE THE LEARNED DISTRICT COURT, KOLLAM. P3: COPY OF THE STAY PETITION FILED ALONG WITH THE SAID CMA AS I.A.NO.445/06. P4: COPY OF THE PETITION I.E. I.A.14/08 TO READMIT THE APPEAL. P5: COPY OF THE PETITION I.E. I.A.82/08 TO CONDONE THE DELAY IN FILING I.A.14/08. P6: COPY OF THE NOTICE DTD. 28/01/09 ISSUED BY THE THIRD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.13427 OF 2009 (O) ----------------------------------- Dated this the 17th day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: i. to issue a writ by staying the operation of the Ext.P6 notice issued by the third respondent till the disposal of the petitions and CMA pending before the learned II Additional District Judge, Kollam. ii. to issue a writ directing the learned II Additional District Judge, Kollam to dispose the I.A.No.14/2008 & I.A.No.82/2008 in CMA.28/2006 expeditiously. iii. to pass such any other order, relief or direction as your good office may deem fit in the interest of justice, equity and good conscience. 2. Petitioner was proceeded against under the provisions of the Kerala Stamp Act for realisation of the deficit registration fee and stamp fee in a deed executed and WPC.13427/09 2 registered in his favour. Petitioner preferred an appeal as provided by the Stamp Act under Section 45 (B) of the Kerala Stamp Act and it is stated that the appeal was dismissed for default. While the application for restoration of the appeal was pending, it is his case that revenue recovery proceedings have been initiated for realising the deficit stamp fee, which was challenged by him in that appeal also, and then he has rushed to this Court with the above writ petition seeking the reliefs aforementioned. 3. I heard the learned counsel for the petitioner and also the learned Govt. Pleader. The learned Govt. Pleader has brought to my notice that the Government has issued a notification as G.O.P.No.57/09 dated 27.3.2009 for one time settlement of the cases arising under the Kerala Stamp Act in respect of deficit stamp fees and registration fees realisabe from persons who have obtained registered deeds in their favour. It is submitted that the petitioner can also avail the remedy under the above notification. It is open to the petitioner to take appropriate proceedings, if so desired, to WPC.13427/09 3 get the benefit of the notification. Having regard to the facts and circumstances presented, I find that there is no merit in the case for invoking the supervisory jurisdiction of this Court by way of this writ petition. Writ petition is dismissed with liberty to the petitioner to take appropriate proceedings as envisaged by law for redressal of his grievances. The interim order passed restraining the respondent from taking revenue recovery proceedings against the petitioner shall continue to be in force for a period of two weeks more to enable the petitioner to take proceedings under the above notification, if so advised. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009