IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 21736 of 2010(N) ------------------------------------ PETITIONER(S): ----------------------- A. MOHANAN, DISTRICT REGISTRAR (RETIRED), REGISTRATION DEPARTMENT, RESIDING AT “ASWATHY”, SIVAGIRI JUNCTION, VARKALA. P.O., THIRUVANANTHAPURAM DISTRICT – 695 141. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARAIAT, THIRUVANANTHAPURAM – 695 001. 2. THE INSPECTOR GENERAL OF REGISTRATION, KERALA, VANCHIYOOR, THIRUVANANTHAPURAM – 35. 3. THE DISTRICT REGISTRAR (GENERAL), ALAPPUZHA – 688 001. 4. THE SUB TREASURY OFFICER, SUB TREASURY, VARKALA – 695 141. GOVERNMENT PLEADER MR.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ~~~~~~~~~~~~~~~ W.P.(C) No.21736 of 2010 ~~~~~~~~~~~~~~~~~~ Dated this the 5th day of August 2010 J U D G M E N T Petitioner retired as District Registrar (Audit), Alappuzha on 31.3.2006. In this writ petition he challenges Ext.P2 Liability Certificate to the extent, liability of Rs.2,39,304/- is fastened on to him. This liability has been fixed towards registration of documents without considering the fair value notification which was in force for the period from 5.1.2004 to 18.2.2004. 2. However, petitioner submits that Ext.P6 fair value notification was received by the Sub Registry Office, Attingal, where the petitioner was posted at the relevant time, only on 16.1.2004. He has also referred to Ext.P7 daily registration books 1,2,3 of Sub Registry Office, which shows that Ext.P6 was received only on 16.1.2004. According to the petitioner, the 44 documents in relation to which liability is fixed in W.P.(C) No.21736 of 2010 -: 2 :- Ext.P2 were registered during the period from 5.1.2004 to 14.1.2004. Ext.P9 daily registration books 1,3 and 4 of the office is relied on to support this plea. 3. From the facts noticed above, it is evident that the documents in question were registered before Ext.P6 notification was received at the SRO, Attingal. If that be so, going by the principles laid down by this Court in Ext.P10 judgment, liability could not have been fastened on the petitioner. Therefore, Ext.P2 liability to the extent, liability of Rs.2,39,304/- is fastened on by the petitioner is quashed. Writ petition is therefore disposed of directing the respondents 2 and 3 to issue a revised Liability Certificate to the petitioner, as expeditiously as possible, at any rate, within eight weeks from the date of production of a copy of this judgment. ANTONY DOMINIC, JUDGE. Jvt