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2021 Supreme(Online)(KER) 10185

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
MOHANAN – Appellant
Versus
THE SUB REGISTRAR OFFICE – Respondent


JUDGMENT

Dated this the 1st day of November, 2021 SHAJI P.CHALY,J.

Writ petitioner has preferred this appeal against the judgment of a learned Single Judge in W.P.(C) No.4568/2021 dated 12.7.2021, whereby the writ petition was dismissed. The primary relief sought for by the appellant before the writ court was to quash Exhibit P5 order passed by the District Registrar General/Collector, Thrissur dated 2.2.2021 as per the provisions of the Kerala Stamp Act, 1959, hereinafter called, “Act, 1959”. Consequent to which, the appellant is liable to pay the stamp duty as per Article 42(b) of the Schedule to the Kerala Stamp Act, 1959 at the rate of six rupees for every Rupees 100 or part thereof of the amount of the value or fair value of the separated share or shares of the property whichever is higher in regard to the deed of partition defined under section 2(k) of the Act, 1959, in regard to a partition deed executed by and between the appellant and other family members, who are the descendants of one Vallon and Kurumba. It is thus challenging the legality and correctness of the Judgment the appeal is filed. The basic material facts for the disposal of the writ appeal are as follows:

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