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2018 Supreme(Ker) 720

ALEXANDER THOMAS
Sumathi W/o Raghavan – Appellant
Versus
State of Kerala Represented By Secretary To Government, Department of Taxes – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. S. Ranjit (Kottayam) Abhilash Bhaskar, Binu John Moolan, Sri. Gokul Das V.V.H.
For the Respondents: Sri. Saigi Jacob Palatty

JUDGMENT :

The prayers in this Writ Petition (Civil) are as follows:

“(i) to issue a writ of certiorari and quash Exhibit P5 as highly illegal and arbitrary.

(ii) to issue a writ of mandamus directing the 3rd respondent herein to register Exhibit P3 sale deed within a time frame to be fixed by this Hon'ble Court.

(iii) to issue a declaration that the 1st petitioner is entitled to execute Exhibit P3 sale deed and sell 4.80 Ares (Equivalent to 11.86 Cents) on the basis of Exhibit P1 and Exhibit P2 since that extent of property is available within the boundaries mentioned therein after resurvey.

(iv) to pass such other writ, order or direction which this Hon'ble court may deem fit and proper in the facts and circumstances of this case.”

2. Heard Sri. S. Ranjit (Kottayam), learned counsel for the petitioners and Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.

3. According to the petitioners, they had presented Ext.P-3 sale deed dated 23.8.2018 executed by the petitioners for registration. That inspite of satisfying all statutory formalities as to the stamp duty, registration fee, etc., the 3rd respondent-SRO, Kadambazhipuram, Palakkad District, has r





















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