IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WA.No. 174 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36452/2010 DATED 14/12/2010 .................... APPELLANT(S): PETITIONER ------------------------ M.R.RADHAKRISHNAN KARTHA, S/O. GOPALAPANICKER, AGED 49 YEARS, KESAVAMANDIRAM, PERUMBAVOOR KARA, PERUMBAVOOR P.O., ERNAKULAM DISTRICT. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR SMT.M.K.SHIMI SRI.SREEVALSAN.V RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, REGISTRATION DEPARTMENT, THIRUVANANTHAPURAM - 3 3. 2. THE LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM-33. 3. THE ERNAKULAM DISTRICT REGISTRAR GENERAL, ERNAKULAM, PIN - 682 011. 4. SUB REGISTRAR OFFICER, PERUMBAVOOR, PIN - 683 542. MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- WA No.174 of 2011 --------------------------------- Dated, this the 18th day of February, 2011 J U D G M E N T Ramachandran Nair, J. The question raised, i.e. liability for stamp duty with reference to the date of execution of the document, is squarely covered in favour of the appellant vide judgment in State of Kerala v. George Jacob, reported in 2005(4) KLT 709. Since sale deed in this case is executed in the stamp paper purchased prior to the date of revision of stamp duty, this Writ Appeal is allowed directing the Sub Registrar to release the impugned document to the appellant on production of a copy of this judgment. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg