SINI Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is filed to quash Ext P5 order passed by the second respondent ordering the petitioner to pay Rs.12,000.00 towards deficit stamp duty and Rs.5,350.00towards deficit registration fee in respect of Ext P2 sale deed registered in his favour.

(2.) The petitioner has averred in the writ petition that, he is a mentally retarded person as evidenced by Ext P1 certificate. The petitioner is the absolute owner in possession of property in survey No.162/5/1 of the Neyyassery Village in Thodupuzha Taluk, which was purchased for his benefit as per Ext P2 sale deed. The petitioner has been served with Ext P3 revenue recovery notice directing him to pay Rs.10,700.00 towards deficit stamp duty and Rs.5,350.00 towards deficit registration fee in respect of Ext P2 sale deed. Although, the petitioner had preferred Ext P4 application before the second respondent contending that he was not served with any notice, temporary order or final order, the Public Information Officer of the second respondent has served Ext P5 final order dtd. 28/6/2019 on the petitioner. In Ext P5 order it is stated that the petitioner was served with notice. The said finding is incorrect. In an identical situation this Court has passed Ext P8 order in favour of the petitioner therein. Ext P5 is illegal and arbitrary. Hence, the writ petition.

(3.) Heard: Sri.Bobby George, the learned counsel for the petitioner and Sri.Renjith, the learned Government Pleader.