IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 WP(C).No. 28503 of 2009(G) -------------------------- PETITIONER(S): --------------------- K.P.DIENESH LAL, KAKKA POYIL, SWARJ BHAVAN KOYILANDY, KOZHIKODE DIST. BY ADV. SRI.SANTHARAM.P RESPONDENT(S): ----------------------- 1. SECRETARY TO GOVT. TAX DEPARTMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR CIVIL STATION, KOZHIKODE. 3. DISTRICT REGISTRAR (GENERAL) KOZHIKODE. 4. DISTRICT TREASURY OFFICER CIVIL STATION, KOZHIKODE. GOVERNMENT PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28503/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE STATEMENT OF EXPERIENCE, WHICH HE HAD WORKED AS TEMPORARY STAMP VENDOR. EXT.P2: A TRUE COPY OF NOTIFICATION OF THE TAHSILDAR DT 8.5.02. EXT.P3: A TRUE COPY OF THE INTERVIEW CARD RECEIVED BY THE PETITIONER DATED 27.10.2005. EXT.P4: A TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR DT 17.1.2006. EXT.P5: A TRUE COPY OF CIRCULAR NO.16490/E2/2000/TAX, DT 12.2.2001. EXT.P6: TRUE COPY OF THE JUDGMENT IN WP 5286/06 DT 25.3.09. EXT.P7: TRUE COPY OF THE COVERING LETTER DT NIL REGARDING PETITIONER PRODUCED EXT.P6 BEFORE THE DISTRICT COLLECTOR ON 19.6.09. EXT.P8: TRUE COPY OF THE PROCEEDINGS IN B-24599/09, DT 18.9.09. EXT.P9: TRUE COPIES OF DETAILS OBTAINED AS PER RIGHT TO INFORMATIONA CT WITH REGARD TO THE APPOINTMENT OF STAMP VENDORS DURING THE PERIOD 1.1.2002 TO 7.12.2007 IN KOZHIKODE DT. EXT.P10: TRUE COPIES OF DETAILS WITH REGARD TO THE APPOINTMENT OF STAMP VENDOR IN KOLLAM DT. EXT.P10(A): TRUE COPIES OF DETAILS WITH REGARD TO THE APPOINTMENT OF STAMP VENDOR IN KANNUR DT. EXT.P10(B): TRUE COPIES OF DETAILS WITH REGARD TO THE APPOINTMENT OF STAMP VENDOR IN THRISSUR DT. EXT.P11: TRUE COPY OF DETAILS OBTAINED WITH REGARD TO THE VOLUME OF SALE OF STAMP PAPERS DURING 18.1.2003 TO 28.1.2004. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 28503 OF 2009 (G) ===================== Dated this the 4th day of October, 2010 J U D G M E N T The grievance of the petitioner who has been ordered to be issued a stamp vendors licence is that, as a condition for issuance of licence, initially he was called upon to furnish security for Rs.2.5 lakhs, which was subsequently reduced by Ext.P8 order to Rs.2 lakhs. Petitioner states that he is incapable of furnishing the security and that the security called upon to be furnished is illegal. 2. However, in the counter affidavit filed by the 3rd respondent, in para 4, it is stated thus: It is submitted that it is not essential that the petitioner should provide the above security as such, whereas it will be enough if the petitioner is able to produce solvency certificate for the amount above mentioned. The only intention of the Government insisting for the security deposit is to see that the interest of the public who approach the vendor concerned is protected in the event of any malpractice/counterfeit stamps etc. manufactured and the above security is insisted in the wake of the recent stamp scan in which thousands of innocent public was cheated throughout the country by the stamp mafia who had printed fake stamp papers. 3. Thus the respondent accepts that if the petitioner submits solvency certificate for the amount mentioned in Ext.P8, they are willing to issue the licence to the petitioner. This WPC No. 28503/09 :2 : condition is acceptable to the petitioner also. Therefore, the writ petition is disposed of directing the 2nd respondent to issue licence to the petitioner on the petitioner furnishing solvency certificate for an amount of Rs.2 lakhs before respondents 2 and 3. ANTONY DOMINIC, JUDGE Rp