STATE OF KERALA Vs. JOHN JOSEPH

JUDGEMENT

(1.) This is an appeal preferred by the State aggrieved by the judgment dated 19.08.2009 in W.P.(C) No.23779/2009.The first respondent herein was the petitioner in the above mentioned writ petition. He purchased an extent of 45 cents of land in various survey numbers in Kollamula village, Ranni Taluk by sale deed No.778/2002 of Ranni Sub Registrar Office for a total consideration of Rs. 1,00,000/-. The above mentioned document was duly registered by the Sub Registrar, Ranni. However, the Sub Registrar doubted the correctness of the valuation of the property and referred the case to the District Registrar. The District Registrar, in exercise of the statutory power under Section 45B(2) of the Kerala Stamp Act, 1959, held an enquiry and came to the conclusion that the real value of the property held by the said document is Rs. 2,00,000/-, but not Rs. 1,00,000/-, as stated in the document. Therefore, he ordered the first respondent to remit the deficit stamp duty of Rs. 10,000/- and deficit registration fee of Rs. 2,000/-.

(2.) Aggrieved by such an order, the first respondent made a complaint before the second respondent, the Kerala Lok Ayukta. By order dated 08.05.2006, Lok Ayukta declared that the decision of the District Registrar is null and void on the ground that the District Registrar has no jurisdiction or authority to initiate the proceedings impugned before the Lok Ayukta. The learned Lok Ayukta issued certain further directions to the Government, which are not necessary for the present purpose. It may be mentioned here that the said order is styled as a report under Section 12(1) of the Kerala Lok Ayukta Act, 1999.

(3.) Aggrieved by the said order/report, the State of Kerala and the other two appellants, who are the officers of the State, approached this Court by way of W.P.(C) No.23779/2009, in substance, challenging the above mentioned report of the Lok Ayukta on the ground that it is beyond the jurisdiction of the Lok Ayukta.