IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 22ND NOVEMBER 2007 / 1ST AGRAHAYANA 1929 OP.No. 7781 of 1999(B) ---------------------------- PETITIONER: --------------- R.BINDU, D/O. LATE RADHAKRISHNAN NAIR, SASTHAMANGALAM HOUSE, MUVATTUPUZHA TALUK, MUVATTUPUZHA VILLAGE. BY ADV. SRI.SREEPRAKASH K.NAIR RESPONDENTS: ------------------ 1. STATE OF KERALA, REP.BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE DISTRICT REGISTRAR GENERAL, OFFICE OF THE DISTRICT REGISTRAR GENERAL, THIRUVANANTHAPURAM. 4. THE SUB REGISTRAR, EDAPPALLY. BY GOVERNMENT PLEADER SRI.PUZHAKKARA MUHAMMED THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.7781/1999 ORDER ON CMP. NO.12981/1999 IN OP. NO.7781/1999 DISMISSED 22.11.2007 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE SALE DEED EXECUTED BY THE PETITIONER. EXT.P2:- COPY OF THE NOTICE DT. 21.3.98 ISSUED BY THE 3RD RESPONDENT. EXT.P3:- COPY OF THE G.O.(P) 132/97 T.D.DT. 18.10.97. EXT.P4:- COPY OF THE G.O.(P) 71/98/T.D. PUBLISHED IN THE GAZETTED DT. 29.4.98. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- O.P.NO.7781 OF 1999 ---------------------------------------------- Dated 22nd November, 2007. J U D G M E N T Petitioner approached this Court with certain grievances regarding steps taken for recovery of stamp duty. Learned Government Pleader submits that the petitioner could not be heard in the matter because she did not appear pursuant to the notice. However there is no evidence regarding service of notice. After having heard the learned counsel appearing for the petitioner, I am of the view that it is only in the interests of justice that the second respondent considers the issue after hearing the petitioner also. Accordingly, the impugned final orders are set aside without prejudice to the liberty to the second respondent to pass fresh orders in accordance with law after affording a fresh opportunity for hearing to the petitioner. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs OP NO. 2 KURIAN JOSEPH, J ---------------------------------------------- O.P.NO.7781 OF 1999 ---------------------------------------------- J U D G M E N T Dated 22nd November, 2007.