IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 12452 of 2005(G) -------------------------------------- PETITIONER: ------------ VYAS THOMAS, S/O. THOMAS, KALATHIL HOUSE, GOTHURUTHU, NORTH PARUR, ERNAKULAM DISTRICT. BY ADV. SRI.N.A.ALI SRI.B.PREMOD RESPONDENTS: ----------------------- 1. THE PALLIPPURAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, CHERAYI P.O., PIN 683 514 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR.K.J - R2 ADV. SRI.T.A.SHAJI - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).12452/2005-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF AUCTION/QUOTATION NOTICE DATED 17/01/05 OF THE 1ST RESPONDENT. EXT.P2: COPY OF DEMAND NOTICE DATED 18/02/2005 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF AUCTION NOTICE DATED 11/03/05 ISSUED BY THE METHALA GRAMA PANCHAYAT. EXT.P4: COPY OF CIRCULAR DATED 02/06/2004 NO.7941/J2/04/LOCA. ADMN. ISSUED BY THE 2ND RESPONDENT. EXT.P5: COPY OF JUDGMENT DATED 17/07/2003 IN O.P. NO.12551/2003 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.12452 of 2005 ----------------------------------------- Dated this the 27th day of June, 2008 JUDGMENT In the matter of payment of stamp duty there is already an interim order which reads as follows:- “There will be an interim direction that in case petitioner executes an agreement on stamp paper worth Rs.250/- (two hundred and fifty) and also execute an undertaking on a separate stamp paper worth Rs.50/- (fifty only) undertaking to pay the balance stamp duty found payable in case the apex court reverse the decision of this Court, the same shall be accepted.” It will be open to the Panchayat to take appropriate action depending on the decision by the apex court. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.12452 of 2005 ----------------------------------- JUDGMENT 27th June, 2008