IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 OP.No. 39239 of 2001(U) ------------------------------------- PETITIONER(S): ------------------------ C.M.VARGHESE, S/O. MATHAPPAN, AGED 52 YEARS, CHEERAN HOUSE, ALUVA. BY ADV. SRI.C.D.JOHNY SRI.P.SHAIJAN JOSEPH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, ALUVA. 3. THE SUB REGISTRAR, ALUVA. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.64239/2001 IN OP. NO.39239/2001 DISMISSED 22.10.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE DEMAND NOTICE DT. 22.12.01 FOR THE RECOVERY OF IMMOVABLE PROPERTIES OF THE PETITIONER. P2:- COPY OF THE DEMAND NOTICE DT. 22.12.01 FOR THE RECOVERY OF MOVABLE PROPERTIES OF THE PETITIONER. P3:- COPY OF THE NOTICE DT. 11.9.2001 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P4:- COPY OF THE REPRESENTATION DT. 15.9.01 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ------------------------------------- O.P. No. 39239 OF 2001 ------------------------------------- Dated this the 22nd day of October, 2008. 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 he 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 third respondent/competent authority considers the issue after hearing the petitioner also. Accordingly, the final orders leading to the recovery are set aside without prejudice to the liberty to the third respondent/competent authority to pass fresh orders in accordance with law after affording a fresh opportunity for hearing to the petitioner. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P. No. 39239 OF 2001 J U D G M E N T 22.10.2008