IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 18TH JULY 2007 / 27TH ASHADHA 1929 WP(C).No. 1031 of 2004(W) -------------------------------------- PETITIONERS: --------------------- 1. P.M. ABDUL NAZIR, S/O. KUNHABDULLA, KUTTIAI AMSOM, THONDIPOYIL DSOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 2. KUNNOTH FIRDOUSE, S/O. MOIDU HAJEE, VILLIALI AMSOM, THIRUMANA DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 3. RAMATH THAZHA KUNIYIL NABEESA, D/O. KUNHALLKUTTY, VILLAPPALLI AMSOM, THIRUMANA DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.). RESPONDENTS: ------------------------ 1. THE TAHSILDAR, KOZHIKODE. 2. THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRY OFFICE, KOZHIKODE. 3. THE DISTRICT REGISTRAR (GENERAL), KOZHIKODE. 4. THE INSPECTOR GENERAL OF REGISTRATION THIRUVANANTHAPURAM. W.P.(C). NO.1031/2004: 5. THE COMMISSIONER OFFICE OF THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. DEEPA K.R. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1031/2004: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE JUDGMENT IN O.P. NO. 9149/2001 DTD. 23/11/2001 OF THIS HON'BLE COURT. EXT.P.2: COPY OF THE JUDGMENT DTD. 03/04/2002 IN R.P. NO. 629/2001 IN O.P. NO. 9149/2001 OF THIS HON'BLE COURT. EXT.P.3: COPY OF THE NOTICE DTD. 20/06/2002 ISSUED BY THE R.3. EXT.P.4: COPY OF THE REPLY GIVEN BY THE PETITIONERS TO THE NOTICE DTD. 20/06/2002. EXT.P.5: COPY OF THE PROCEEDINGS OF THE R.3. DTD. 20/09/2002. EXT.P.6: COPY OF THE APPEAL DTD. 30/12/2002 PREFERRED BY THE PETITIONERS BEFORE THE R.5. EXT.P.7: COPY OF THE PROCEEDINGS DTD. 22/12/2003 ISSUED BY THE R.5. EXT.P.8: COPY OF THE PROCEEDINGS OF THE DISTRICT REGISTRAR, KOZHIKODE DTD. 17/02/2004. EXT.P.9: COPY OF THE RECEIPT SHOWING THE PAYMENT OF RS.1,75,823.00. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- W.P. (C). NO. 1031 OF 2004 --------------------------------------- Dated this the 18th day of July, 2007. J U D G M E N T Petitioners approached this Court with certain grievances regarding realization of stamp duty. 2. It is stated in the counter affidavit as follows: “The petitioner's argument that it is only a release of mortgaged property, for which the fixed fee of Rs. 200/- is alone is sufficient is not sustained by the facts recited in the document No. P4/02. In this case the KFC initiated action for the sale of Mortgaged property. After realising Rs. 41,26,988/- the property has been conveyed to a third party. It is not a transfer of interest secured by a Mortgage deed, as mentioned under Article 55(c) (ii) of the Schedule to the Kerala Stamp Act. Section 25 of the Kerala Stamp Act clearly mention how transfer in consideration of debt, or subject to future payment etc., to be charged. As such stamp duty as ordered by the District Registrar and Inspector General of Registration is to be realised”. In view of the stand taken in the counter affidavit, there is no merit in this writ petition. It is accordingly dismissed. KURIAN JOSEPH, JUDGE. smp