SUB REGISTRAR KULATHUPUZHA Vs. N V SHAMLA

JUDGEMENT

(1.) CHALLENGE is on Ext.P3 order passed by the Upa Lok Ayukta upon Ext.P2 complaint filed by the 1st respondent. The issue pertains to the steps taken by the petitioners for realising the deficit stamp duty. The division bench of this court in judgment in OP.2398/2002 has held that the remedy open to the aggrieved party is to file an appeal before the District Court under Section 45(B)4 of the Kerala Stamp Act, 1955. For parity of reasons, Ext.P3 order passed by the 2nd respondent is set aside. It is made clear that the judgment will not stand in the way of the 1st respondent pursuing the matter in an appeal before the District Court. It is further made clear that in the event of the appeal being filed within a period of two months from today, the same shall be treated to have been filed in time. In order to enable the 1st respondent to workout the relief as above and also obtain appropriate interim orders from the District Court, the recovery in the matter shall be deferred for a period of four months. The writ petition is disposed of as above.