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:

2. Appellant is a co-owner of the property held jointly by the legal heirs and successors in interest of late.Vallon and his wife late Kurumba. The writ petition was filed for and on behalf of other co-owners also. Vallon, the grandfather of the appellant, held the property as a 'verum Pattamadhar' under Erannoor Mana (illam). The right, title and interest of the landlord viz., Erannoor Mana was later assigned in favour of the legal heirs and successors in interest of Pattamdhar viz., Vallon, by virtue of Exhibit P1 purchase certificate issued by the Special Tahsildar, Thrissur dated 24.5.2013. The family lineage can be demonstrated as follows; 3. Vallon married Kurumba and two children were born out of the said wedlock viz., Kurumba and Thalary. Kurumba got married to Puthenchira Velayudhan and Thalary got married to Koran. Kurumba and Velayudhan had six children viz., Mohanan – the appellant herein, Prasad, Sarada, Lalitha, Padmini and Rajitha. Thalary and Koran had one son viz., Velayudhan. Velayudhan married Vally and they had two children viz., Prateesh and Pradeeja. In order to effectively demonstrate the lineage, family tree of the co-owners was produced before the writ court as Exhibit P3, which is extracted hereunder:

FAMILY TREE OF THE CO-OWNERS Vallon & Kurumba (2 children)

Kurumba (died) (died) Thalary Mohanan Prasad Sarada Lalitha Padmini Rajitha (6 children)

Velayudhan (son) (died)

Pratheesh (son) Pratheeja (daughter) Vally (wife)

4. Vallon and his wife died intestate. Similarly their children Kurumba as well as Thalary also died intestate, leaving behind their children being the grand children to succeed to the estate left behind by their grandfather, i.e, six children in the lineage of Kurumba and Puthenchira Velayudhan. Son of late Thalary viz., Velayudhan also died. He is succeeded by his wife and two children specified above. According to the appellant, since the properties were held in common by the parties, who are admittedly co-owners, had decided to effect partition of property covered by Exhibit P1 purchase certificate issued by the Land Tribunal under section 72 of the Kerala Land Reforms Act, 1964 dated 24.5.2013, in favour of the appellant and his five siblings, who are under the lineage of vallon and Kurumba and the wife and two children of Velayudhan - son of Thalary. Accordingly, Exhibit P2 partition deed dated 19-01-2021 was prepared in stamp paper worth Rs.1000/- as provided under article 42(a) of the Schedule to the Kerala Stamp Act, 1959 since the partition, according to the appellant, is to take place among all or any of the members of the family and the legal heirs of the deceased family members, if any. In the said partition deed, there are nine parties, who according to the appellant, are all co-owners that is to say, the