(1.) The petitioner submits that he presented Ext.P3 document, settling certain extents of property in favour of his nephew, under a misconception that they would come within the ambit of 'family', as defined under the Kerala Stamp Act ('the Act', for short). He says that, however, when it was brought to his notice that the relationship between him and the nephew would not be eligible for the benefit of the reduced stamp duty, he requested Ext.P3 document to be returned; but that it was refused and Exts.P8 and P9 proceedings were issued, impounding the said document and directing him to remit the stamp duty and other miscellaneous charges.
(2.) The petitioner says that action of the 3rd respondent - District Registrar and the 2nd respondent - Land Revenue Commissioner, in having issued Exts.P8 and P9 respectively, is egregiously improper because when Ext.P3 document was sought to be withdrawn by him without being registered, there was no question of the same being impounded; and that, in fact, he is also entitled to refund of the amount of Rs.11,920/-, which he had remitted as the registration fee, but has remained unutilized because the document had not been registered. The petitioner, therefore, prays that Exts.P8 and P9 be set aside and Ext.P3 document be directed to be returned to him, along with Rs.11,920/-, being the charges remitted towards registration fee.
(3.) The afore submissions of Sri.Sanil Jose - learned counsel for the petitioner, were refuted by the learned Senior Government Pleader - Smt.K.Amminukutty, arguing that, going by the provisions of the Act, in particular Section 51A(a) thereof, the nephew of the petitioner would not come within the purlieus of the concept of 'family'; and therefore, that Ext.P3 document ought to have been presented with full ad valorem duty. She thus submitted that the 3rd respondent - District Registrar, was fully justified in having issued Ext.P8, as also for the 2 nd respondent - Land Revenue Commissioner, thereafter, in issuing Ext.P9 confirming it. She, therefore, prayed that this writ petition be dismissed.