S.R.BANNURMATH, KURIAN JOSEPH
C. Suresh – Appellant
Versus
The State Of Kerala, Rep. By The Secretary to the Govt. Department of Registration – Respondent
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
V. Shivamurthy v. State of U.P. [(2008) 13 SCC 730].
APSRTC v. Kaiser Begum [(1998) 9 SCC 398].
Hindustan Aeronautics v. Radhika Thirumalai [(1996) 6 SCC 394].
Pankajakshy & others v. George Mathew & others (1987 (2) KLT 723).
State of T.N. and another v. P.Krishnamurthy and others [(2006) 4 SCC 517].
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