HAMSA P A Vs. DISTRICT REGISTRAR GENERAL KOZHIKODE

JUDGEMENT

(1.) Aggrieved by judgment dated 14.03.2011 in W.P.(C) No.9342 of 2008 by which the writ petition was dismissed with costs quantified at '25,000/- to be paid to the 3rd respondent therein, the unsuccessful petitioner preferred the instant appeal.

(2.) The appellant herein in his capacity as the Chairman and Managing Director of a Private Limited company and also in his individual capacity sold certain parcels of land in favour of another Private Limited company of which the 3rd respondent herein is the Managing Director. The said sale transactions were duly registered under the Registration Act, 1908. The documents so registered are dated 31.08.07 and marked as Exts.R3(a) and (b) in the writ petition. Subsequently, the appellant sought to get two documents, styled as cancellation deeds, (marked as Exts.P1 and P2 in the writ petition) registered.

(3.) When such documents were presented for registration, the 2nd respondent herein impounded the documents and referred the documents to the District Registrar, Kozhikode ostensibly in exercise of the power under Sections 33(1) and 37(2) of the Kerala Stamp Act.