IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28768 of 2011(U) ------------------------ PETITIONER: ------------------- MR.BASIL PAUL, AGED 66 YEARS, S/O.V.V.PAUL, KADAKKATHU HOUSE, NAMBIAPARAMBU, OLD RAILWAY STATION ROAD, KOCHI-682018 BY ADV. SRI.M.A.ASIF RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPT OF TAX, GOVT. SECRETERATE, THIRUVANANTHAPURAM-1. 2. SUB REGISTRAR, SUB REGISTRAR OFFICE, ERNAKULAM SOUTH, ERNAKULAM, PIN-682316 R1 & R2 BY SR. GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28768 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1:- TRUE COPY OF THE TYPICAL FLOOR PLAN OF THE STUDIO APARTMENTS. EXT.P2:- TRUE COPY OF THE FAIR VALUE IN CORPORATION ROAD IN SY.NO.666 OF ERNAKULAM VILLAGE PUBLISHED IN THE WEB SITE OF THE REGISTRATION DEPARTMENT. EXT.P3:- TRUE COPY OF THE G.O (MS) NO.177/2007/TD DTD-4/8/2007 EXT.P4:- TRUE COPY OF THE JUGEMENT OF THIS HON'BLE COURT DATED 30/07/2008 IN WPC.NO.11982/2008. EXT.P5:- TRUE COPY OF THE SALE DEED EXECUTED IN THE NAME OF THE PETITIONER. EXT.P6:- TRUE COPY OF THE REPRESENTATION DATED 24/10/2011 FILED BY THE PETITIONER RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J. ================ W.P.(C) NO. 28768 OF 2011 ===================== Dated this the 28th day of October, 2011 J U D G M E N T Petitioner seeks a direction to the respondents for registration of Ext.P5 sale deed pertaining to an apartment giving him the benefit of Ext.P3 notification. According to the petitioner, by virtue of Ext.P3 notification, he is not eligible to pay any stamp duty and it is this benefit which is claimed. Petitioner relies on Ext.P4 judgment of this Court in support of this contention. 2. Having regard to the recitals in Ext.P5, prima facie I am satisfied that the petitioner is entitled to the benefit of Ext.P3 notification and that the issue canvassed is fully covered by virtue of Ext.P4 judgment. Therefore, I dispose of this writ petition directing that if the petitioner presents the original of Ext.P5 for registration along with a copy of this judgment and this writ petition, the 2nd respondent will accept the document for registration and deal with the same in the light of Exts.P3 and P4. ANTONY DOMINIC, JUDGE Rp