IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 CRP.No. 1447 of 2002 ---------------------- ( CMA.11/1998 of DISTRICT COURT, ALAPPUZHA ORDER DATED 26.12.1997 OF THE DISTRICT REGISTRAR, ALAPPUZHA.) REVN. PETITIONER/APPELLANT: ------------------------------------------------- JOSEPH JOHN, S/O. JOSEPH, KOCHUPILAM MOOTTIL, PANAMANNU KARA P.O., CHUNGATHARA, ERNADU, MALAPPURAM. BY ADV. SRI.RASHEED C.NOORANAD ADV. SRI.G.GOPAKUMAR RESPONDENTS/RESPONDENTS: -------------------------------------------------- 1. DISTRICT REGISTRAR, ALLEPPEY. 2. DISTRICT COLLECTOR, ALAPPUZHA. BY GOVT. PLEADER ADV. SHRI S. DILEEP. THIS CIVIL REVISION PETITION HAVING COME UP FOR ORDERS ON 11/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.R.P.NO. 1447 OF 2002 ORDER ON C.M.P.NO. 3628 OF 2002 IN C.R.P.NO. 1447 OF 2002 DISMISSED. 11.02.2008 SD/- K.T. SANKARAN, JUDGE. /TRUE COPY/ P.A. TO JUDGE. K.T. SANKARAN, J. ................................................................................... C.R.P. No. 1447 OF 2002 .................................................................................... Dated this the 11th February, 2008 O R D E R Proceedings under Section 45(B) of the Kerala Stamp Act were initiated against the petitioner by the District Registrar. As per the order dated 26.12.1997, the petitioner was afforded an opportunity to compound the case. On the basis of the Government Order dated 17.10.1997, the petitioner was directed to pay 30% of the stamp duty as additional stamp duty. The order passed by the District Registrar was challenged before the District Court, Alappuzha in C.M.A.NO.11 of 1998. The learned District Judge dismissed the appeal. The District Judge held that he has no jurisdiction to consider the validity or otherwise of the Government Order dated 17.10.1997. Further, the learned District Judge found that the proceedings were initiated within time. 2. In Joseph John vs. District Registrar [2002 (2) KLJ 842], this Court had taken the view that proceedings for under valuation of instruments initiated under Section 45(B) of the Kerala Stamp Act must be disposed of by the Registrar as per the provisions of the Kerala Stamp Act. A party cannot be compelled to pay any amount under the scheme for disposal of the case as per the Government Order dated 17.10.1997. The District Registrar has to dispose of the case on the merits, if the petitioner is not willing to compound the case. In view of the decision in Joseph John vs. District Registrar, the order passed by the District Registrar as well as the judgment of the court below are liable to be set aside. Accordingly, the Civil Revision Petition is allowed. The order dated 26.12.1997 passed by the District Registrar as well as the judgment dated 20.03.2001 in C.M.A.NO. 11 of 1998 of the District Court, Alappuzha are set aside. The District Registrar shall proceed with the case in accordance with law. No order as to costs. K.T. SANKARAN, JUDGE. lk K.T. SANKARAN, J. ........................................................ C.R.P. No. 1447 OF 2002 ......................................................... Dated this the 11th February, 2008 O R D E R