IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 34928 of 2010(M) --------------------------------------- PETITIONER: ------------------- MR.ALFRED SWATZAR K.M., AGED 44 YEARS, S/O.LATE K.G.MATHEW, KALARIKAL HOUSE, PONNARIMANGALAM, MULAVUKADU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF TAX, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. SUB REGISTRAR, SUB REGISTRAR OFFICE, ERNAKULAM SOUTH, ERNAKULAM, COCHIN-11. R1 & R2 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 34928 OF 2010 ===================== Dated this the 22nd day of November, 2010 J U D G M E N T The prayer sought in the writ petition is to direct the 2nd respondent to register Ext.P5 document giving the petitioner the benefit of Ext.P3 Government Order. 2. Ext.P3 is the order issued by the 1st respondent invoking its powers under Section 9(1)(a) of the Kerala Stamp Act, remitting stamp duty for conveyances relating to flats and apartments chargeable to stamp duty, provided that amount of consideration involved is less than Rs.5 lakhs. According to the petitioner, although Ext.P5 conveyance satisfies the requirements for remittance of stamp duty as contemplated in Ext.P3 in all respects, 2nd respondent is refusing to register the same. It is aggrieved by the above, the writ petition is filed. Learned counsel for the petitioner has also referred to Ext.P4 judgment of this Court in WP(C) No.9043/09. 3. If the facts are as above, I see no reason why the 2nd respondent shall not register Ext.P5 in view of the provisions contained in Ext.P3 Government Order. Therefore, the 2nd WPC No. 34928/10 :2 : respondent is directed to examine the eligibility of the petitioner for the benefit of Ext.P3 and if it is found that the petitioner is eligible for the same, the 2nd respondent shall register the original of Ext.P5 document on its presentation. 4. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp