Ashok Bhushan, CJ

Heard Sri.P.I.Davis, learned senior Government Pleader appearing for the appellant and the learned counsel appearing for the respondents.

2. This writ appeal has been filed by the State against the judgment dated 17/11/2014 in W.P.C.No.25707/2014, by which the learned Single Judge disposed of the writ petition by modifying the impugned judgment to the effect that the instrument in question falls under Article 48 of the Kerala Stamp Act, 1959. The State, aggrieved by the said judgment, has come up in this appeal.

3. Necessary facts to be noted for deciding this appeal are:

One Kannan, S/o.Appu was the original owner of the property. On his death, Kochupennu, wife of Sri.Kannan and seven children became the legal heirs. Release deed was executed by the legal heirs in favour of the writ petitioner, Sri.Shibu, S/o.late Appu. Release deed was presented by preparing the same in a stamp paper worth Rs.1,000/-. Ext.P2 order was issued by the District Registrar holding a deficiency of registration fee with a penalty of Rs.500/-, making a total amount of Rs.59