SURESH I.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to disburse Rs.2,04,030/- with 12% interest from the date of payment to the petitioner. The petitioner has also sought for a declaration that he is entitled to get the amount from the respondents with 12% interest.

(2.) Going by the averments in the writ petition, the petitioner submitted Ext.P2 application dated 22.04.2019 before the 3rd respondent Sub Registrar for registering a deed of agreement for sale of immovable properties. The 3 rd respondent issued Token No.T-1702920 for the said purpose. The petitioner made e-payment of Rs.1,10,010/-, vide Ext.P1 receipt dated 13.09.2017. The petitioner could not register the deed of agreement. Therefore, the petitioner submitted Ext.P4 application on 22.04.2019 before the 3 rd respondent with a request to transfer the said amount to his account No.057002545699 at State Bank of India, Kaloor Branch. The petitioner made e-payment of Rs.84,010/-, vide Ext.P3 receipt dated 13.09.2017. Then also, the petitioner could not register the deed of agreement. Therefore, the petitioner submitted Ext.P6 application for the issuance of a token for registering a deed of agreement for sale in respect of immovable properties. The 3rd respondent issued Token No.T-1706454 for the said purpose. The petitioner made e-payment of Rs.10,010/-, vide Ext.P5 receipt dated 13.09.2017. The 3 rd respondent issued Ext.P7 communication dated 01.07.2019, whereby the petitioner was informed that the aforesaid applications cannot be considered and the same has already been returned, vide order dated 19.06.2019 of the 2 nd respondent District Registrar (General). Feeling aggrieved, the petitioner has filed this writ petition seeking the aforesaid relief.

(3.) On 04.02.2020, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for the respondents.