IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN THURSDAY, THE 4TH JANUARY 2007 / 14TH PAUSHA 1928 OP.No. 22117 of 2001(G) ----------------------- PETITIONER: ----------- A.VIJAYA RAJAN, S/O.LATE K. KANNAN, PRABHALAYAM, PALLIKARA, HOSDURG. BY ADV. SRI.M.THAMBAN SRI.K.RAJEEVAN SRI.DILIP MOHAN RESPONDENTS: ------------ 1. THE DISTRICT REGISTRAR, KASARAGODE. 2. THE DISTRICT COLLECLTOR, KASARAGODE. 3. THE SPECIAL DEPUTY TAHSILDAR (RR), HOSDURG. BY GOVERNMENT PLEADER SMT. D.P.RENU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.36117/2001 IN OP.NO.22117/2001 ------- DISMISSED 4/1/2007 Sd/- P.R.RAMAN, JUDGE. APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE SALE DEED DTD. 25/11/1997. EXT.P2 TRUE COPY OF THE JUDGMENT DTD. 2/4/2001 IN OP.NO.11399/2001 OF THIS COURT. EXT.P3 TRUE COPY OF THE REPRESENTATION DTD. 24/4/2001 TO THE IST RESPONDENT. EXT.P4 TRUE COPY OF THE ACKNOWLEDGEMENT CARD. EXT.P5 TRUE COPY OF THE NOTICE DTD. 27/6/2001 ISSUED BY THE 3RD RESPONDENT. P.R.RAMAN,J. ---------------------------------------- O.P.NO.22117 OF 2001 ---------------------------------------- Dated this the 4th day of January, 2007 JUDGMENT This original petition is filed challenging the revenue recovery proceedings initiated against the petitioner for deficit of stamp duty payable by way of documents executed. After hearing, the matter was adjourned so as to enable the Government Pleader to get instruction as to whether any final order was passed by the Sub Registrar and whether any appeal has been preferred. It is now submitted that C.M.A.No.310/2001 was filed by the petitioner before the District Court, Kasaragod and eventually the appeal was allowed and the matter has been remitted to the Registrar for fresh consideration. 2. In such circumstances, the revenue -2- O.P.NO.22117/2001 recovery proceedings initiated against the petitioner stands quashed. Original Petition is allowed. P.R.RAMAN, Judge. kcv. -3- O.P.NO.22117/2001 P.R.RAMAN, J. -------------------------- O.P.NO.22117 OF 2001 -------------------------- JUDGMENT 4th January, 2007