IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 17070 of 2008(F) -------------------------- CMA.53/2008 of DISTRICT COURT, PATHANAMTHITTA .................... PETITIONER: ------------ P.N.ROHIDASAN , S/O. NANU, SANTHOSH BHAVAN, MALAYALAPUZHA ERAM. BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE DISTRICT REGISTRAR (GENERAL) PATHANAMTHITTA. 3. THE TAHASILDAR PATHANAMTHITTA. 4. V.V.RAJAN, S/O. VELAYUDHAN VALIYAPARAMBIL PUHESERIMALLA RANNY. 5. M.R. SUNIL S/O. RAMACHANDRAN, MAMPAARCHARVIL PUTHEN VEEDU, UTHIMOODU RANNY. BY GOVERNMENT PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO. 17070 OF 2008 =========================== Dated this the 9th day of June, 2008 JUDGMENT Petitioner is the appellant in CMA 53/2008 on the file of District Court, Pathanamthitta which is an appeal filed challenging the order passed by District Registrar under section 45B of the Kerala Stamp Act. Appeal was filed with a petition to condone the delay contending that petitioner was not served with the order challenged in the appeal. This petition is filed for a direction to District Judge, Pathanamthitta to dispose the appeal and also to stay the revenue recovery proceedings for recovery of the stamp duty and penalty directed to be paid as per the order challenged in the CMA. 2. Learned counsel appearing for petitioner was heard. 3. District Judge, Pathanamthitta is directed to dispose the application to condone the delay in filing CMA 53/2008 and also to dispose the appeal W.P.(C) 17070/2008 2 without further delay. Learned counsel appearing for petitioner submitted that application to stay the execution of the order challenged in the CMA is also pending . Learned District Judge is directed to dispose the application to condone the delay within thirty days from the date of receipt of a copy of this judgment. Till then, there will be a stay of revenue recovery proceedings for realisation of the amount claimed under the order challenged in the appeal. Learned District Judge on admitting the appeal to dispose the appeal expeditiously. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006