SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(Ker) 546

S.R.BANNURMATH, KURIAN JOSEPH
C. Suresh – Appellant
Versus
The State Of Kerala, Rep. By The Secretary to the Govt. Department of Registration – Respondent


Advocates Appeared:For the Petitioner:G. Sreekumar (Chelur), Advocate. For the Respondents: ---

Judgment :-

Kurian Joseph, J.

The validity of recently introduced Rule 35(22) of the Kerala Manufacture and Sale of Stamp Rules, 1960 is under challenge in these cases. The said Rule reads as follows:

"35 (22) In the event of the death of a licensed stamp vendor, the District Treasury Officer shall take immediate steps for filling up the vacancy:

Provided that, if the death occurs before attaining the age of 65 years, a legal heir duly authorized by the other legal heirs, if any, may be appointed as the licensed vendor in the vacancy if he is otherwise qualified to be appointed and makes out an application before the District Treasury Officer within three months from the date of death."

2. Appellant is the writ petitioner. The writ petition was filed mainly with the following prayer:

"Declare that the Sub Rule 22 of Rule 35 of the Kerala Manufacture and Sale of Stamp (Amendment) Rules, 2007 will work out prospectively in so far as it is applicable only to those vendors who will attain 65 years of age after the date of coming into force of the Act."

3. The learned Single Judge declined to grant the relief. It was held that any claim for appointment by a legal heir made subsequent to































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top