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2011 Supreme(Ker) 449

J.CHELAMESWAR, ANTONY DOMINIC
State Of Kerala – Appellant
Versus
John Joseph – Respondent


Advocates Appeared:
For the Petitioner: Government Pleader.
For the Respondent: No Appearance.

JUDGMENT

J. Chelameswar, C.J.

1. This is an appeal preferred by the State aggrieved by the judgment dated 19.08.2009 in W.P.(C) No.23779/2009. The first respondent herein was the petitioner in the above mentioned writ petition. He purchased an extent of 45 cents of land in various survey numbers in Kollamula village, Ranni Taluk by sale deed No.778/2002 of Ranni Sub Registrar Office for a total consideration of `1,00,000/-. The above mentioned document was duly registered by the Sub Registrar, Ranni. However, the Sub Registrar doubted the correctness of the valuation of the property and referred the case to the District Registrar. The District Registrar, in exercise of the statutory power under Section 45B(2) of the Kerala Stamp Act, 1959, held an enquiry and came to the conclusion that the real value of the property held by the said document is `2,00,000/-, but not `1,00,000/-, as stated in the document.

Therefore, he ordered the first respondent to remit the deficit stamp duty of `10,000/- and deficit registration fee of `2,000/-.

2. Aggrieved by such an order, the first respondent made a complaint before the second respondent, the Kerala Lok Ayukta. By order dated 08.05.2006, L









































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