K.J.SEBASTIAN Vs. CHIEF GENERAL MANAGER BSNL

JUDGEMENT

(1.) Petitioner, who was an employee of the Department of Telecommunications, Government of India and who was absorbed in BSNL later, on its formation, is before this Court seeking to quash Exts.P3 and P4 and to declare that the petitioner is not liable to pay deficit stamp duty ordered by the 3rd respondent as per Ext.P3.

(2.) The facts in brief, necessary to decide the issue involved in this writ petition can be summarised as follows:- The petitioner was an employee of the Department of Telecommunications. By a Presidential Order issued in the month of February, 2002, the Company BSNL was formed with retrospective effect from 01.10.2000. During this time, the petitioner was working under the BSNL on deemed deputation. The petitioner states that he exercised his option to be an employee of the BSNL only on 27.10.2003.

(3.) While working in BSNL on deemed deputation, the petitioner executed a mortgage deed on 31.07.2002. The mortgage deed was executed to avail House Building Advance. A perusal of the mortgage deed produced by the petitioner as Annexure-V would show that the deed was between the petitioner as mortgager and the President of India as mortgagee. The Deputy General Manager (Administration) in the office of the General Manager, Telecommunications, Calicut has executed the mortgage deed on behalf of the President of India. Since the mortgage is in favour of the Government of India, the petitioner is eligible for exemption from stamp duty in view of Section 3 of the Kerala Stamp Act, contends the petitioner. Accordingly, the mortgage deed was registered availing exemption from stamp duty.