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

2026 Supreme(Online)(Ker) 33908

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. Balakrishnan, J
Aji V.R. – Appellant
Versus
State Of Kerala – Respondent
WP(C) NO. 25182 OF 2025



Advocates:
For the Appellants/Petitioners: Nirmal V Nair, Encil K. Sabu
For the Respondents: K. M. Faisal

The appointment of licensed stamp vendors is governed by statutory necessity and government policy, requiring authorities to consider individual representations regarding vacancies in accordance with prescribed rules and relevant government orders.

Headnote:The petitioner challenged the non-appointment of stamp vendors and sought directions under Rule 35 of the Kerala Manufacture and Sale of Stamp Rules, 1960. The court noted that the petitioner sought the setting aside of certain exhibits while requesting a mandate for the authorities to assess the necessity of additional stamp vendors in the specified area. The court focused on the statutory requirement for the Government to determine the number of vendors based on necessity. The primary issue concerns the procedural requirement for the appointment of licensed stamp vendors as per Rule 35(2). The court observed that the determination of vacancies is vested in the Government and that a specific Government Order (Ext.P10) provided a framework for temporary appointments in case of vacancies due to death. The ratio revolves around the obligation of the statutory authority to consider pending representations in light of current government policy and statutory rules. The writ petition is allowed in part, directing the 7th respondent to dispose of the petitioner's specific representation within two months after granting a personal hearing.

Table of Content
1. petitioner challenges administrative inaction regarding stamp vendor appointments under specified statutory rules. (Para 1)
2. parties argue regarding the necessity of appointments and the government's power under rule 35(2). (Para 2 , 3 , 4)
3. court directs consideration of representation based on existing policy framework regarding vacancies. (Para 5 , 6)

6 DISTRICT COLLECTOR, ERNAKULAM
CIVIL STATION, KAKKANAD P.O., ERNAKULAM,
PIN - 682030
7 DISTRICT TREASURY OFFICER
DISTRICT TREASURY, ERNAKULAM, CIVIL STATION,
KAKKANAD P.O., ERNAKULAM, PIN - 682030
8 DISTRICT REGISTRAR (GENERAL)
DEPARTMENT OF REGISTRATION, 3RD FLOOR,
PERIMBILLY BUILDING, M.G. ROAD, ERNAKULAM P.O.,
ERNAKULAM, PIN - 682011
9 SUB TREASURY OFFICE
NORTH PARAVUR, KACHERI COMPOUND BUILDING,
PARAVUR ERNAKULAM P.O., ERNAKULAM, PIN - 683513
SRI. K. M. FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.06.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

P. V. BALAKRISHNAN, J.

----------------------------------------------------

W.P.(C) No.25182 of 2025

----------------------------------------------------

Dated this the 3rd day of June 2026

JUDGMENT

1. This writ petition is filed by the petitioner seeking the following reliefs:

“i. To issue a writ in the nature of certiorari or any other appropriate writ order or direction and to quash Exhibit P4, Exhibit P3 and Exhibit P6 in so far as it is inconsistent with the mandates under Rule 35 of the Kerala Manufacture and Sale of Stamp Rules, 1960;

ii. To issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the respondents 6 to 8 to reconsider the application of the petitioner to be appointed as a licensed stamp vendor submitted in the prescribed proforma to existing vacancies of stamp vendors in the North Paravur Taluk under the 8th respondent expeditiously within a time frame to fixed by this Honourable Court after giving due consideration for the necessity of such stamp vendors in the area;

iii. Alternatively to issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the 1st respondent to consider Exhibit P1 and Exhibit P2 in the light of the mandates under Rule 35 (2) of the Kerala Manufacture and Sale of Stamp Rules, 1960 within a time frame to be fixed by this Honourable Court and determine the number of stamp vendors required in the North Paravur Taluk area after examining the necessity and to notify the vacancies so required expeditiously after calling for a report from the District Committee consisting of the respondents 6 to 8 and chaired by the 6th respondent;

iv. To issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the respondents 6 to 8 to consider the application of the petitioner to be appointed as a licensed stamp vendor submitted in the prescribed proforma to the vacancies of stamp vendors so notified expeditiously within a time frame to fixed by this Honourable Court;”

2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.

3. The learned counsel for the petitioner submitted that after filing of this writ petition, the Government has issued Ext.P10 Government Order dated 04.03.2026, whereby a direction has been issued to fill up the vacancies of stamp vendors, temporarily, in cases where there is shortage of stamp vendors due to the death of existing stamp vendors and in the absence of their dependants stepping into their shoes. He also submitted that, in the light of Ext.P10, the petitioner has filed Ext.P11 representation before the 7th respondent and he prayed that, a direction may be issued to dispose of Ext.P11 representation by taking note of Ext.P10.

4. The learned Government Pleader submitted that, as per Rule 35(2) of the Kerala Manufacture and Sale of Stamp Rules, 1960, it is for the Government to determine the number of stamp vendors required in a district, after examinin

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 Back to top