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2024 Supreme(Ker) 425

T. R. RAVI
Jose V. Cherry, S/o V. V. Cherry – Appellant
Versus
Union Of India, Represented By Secretary, Ministry Of Finance, Department Of Financial Services – Respondent


Advocates Appeared:
For the Petitioner: Sri P. Haridas, Sri Biju Hariharan, Smt. Shijimol M. Mathew, Sri P.C. Shijin, Sri Rishikesh Haridas, Ms. Rajasree T.R.
For the Respondents: Sri T.C. Krishna, Sri Christopher Abraham (SC), Sri Jithesh Menon (SC).

 

The prayer in the writ petition is for a direction to respondents 1 to 6 to permit the petitioner to remit TDS in the name of the Sub Court, Thiruvalla, or to formulate an appropriate mechanism for receiving the TDS from the vendor/court by making necessary updation in the web portal and to register the sale certificate issued by the Sub Court, Thiruvalla.

2. Heard the Government Pleader and the standing Counsel for the Income Tax Department. Notice to the 7th respondent taken out through special messenger and she was served. She has however chosen not to appear in these proceedings.

3. The petitioner is the plaintiff/decree holder in OS No.95/2012 of Sub Court, Thiruvalla, filed for specific performance of an agreement and the 7th respondent is the judgment debtor. Ext.P1 produced along with the writ petition, is a copy of the decree. When the decree was not complied with, the petitioner filed an application for execution of the sale deed through the intervention of the Court. The draft sale deed was approved. The petitioner was directed by the Sub Court, Thiruvalla, to remit stamp duty before the 6th respondent. The petitioner submits that the 6th respondent directed the petitione

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