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

2021 Supreme(Ker) 699

S.MANIKUMAR, SHAJI P.CHALY
Muhammed Safir, S/o. Muhammedali – Appellant
Versus
Tahsildar, Ottapalam – Respondent


Advocates Appeared:
For the Appellant : P. Jayaram, Gigi Pappachan, Sarath Chandran K.B.
For the Respondent: Sri. K.P. Harish, Senior Government Pleader.

JUDGMENT :

S. Manikumar, J.

Instant writ appeals are filed against the common judgment in W.P. (C) Nos. 24728 and 25685 of 2015 dated 11.10.2017, whereby a learned Single Judge dismissed the writ petitions.

2. Before the writ court, petitioner has sought for the following reliefs:-

    “(i) issue a writ of certiorari or other appropriate writ, direction or order quashing Exhibit P3 order.

(ii) declare that the petitioner is entitled for refund of the amount paid for the purchase of stamp papers.

(iii) issue a writ of mandamus or other appropriate writ, direction or order directing the 1st respondent to refund the value of the spoiled stamp/spoiled instrument legally due to the petitioner.”

3. Writ court, after considering the rival submissions, dismissed the writ petitions as follows :-

    “5. I have considered the contentions advanced. Section 47 of the Kerala Stamp Act provides for refund of impressed stamps spoiled. It is stated that on an application made, within the period prescribed in Section 48, the Collector is competent to make allowance for impressed stamps spoiled. Section 47 (b)

        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