SONY ELDHOSE Vs. SUB REGISTRAR

JUDGEMENT

(1.) The petitioner purchased 61 Ares and 92 square metres of cardamom estate comprised in Survey No.206 of Bison Valley Village, Udumbanchola Taluk, through court auction. The said property was the subject matter in EP No.2/2019 in execution of the decree in OS No.46/2017 on the files of the Subordinate Judges Court, Devikulam. The petitioner participated in the auction purchase and became the successful bidder. On payment of the entire bid amount, the property was transferred to the name of the petitioner by issuing Ext.P1 sale certificate. The petitioner also remitted an amount of 2,44,900/- as stamp duty, on Ext.P1.

(2.) Thereafter, the Subordinate Judges Court forwarded a copy of Ext.P1 certificate to the 1 st respondent for necessary action, as per Ext.P2. Upon receipt of Ext.P2, the 1st respondent issued Ext.P3, stating that the stamp duty paid by the petitioner on the sale certificate is not sufficient and since, the fair value of the particular land is not shown, there is deficit stamp duty. The 1 st respondent also demanded an additional stamp duty for an amount of 1,73,580/- and returned back Ext.P1. The mutation applied for by the petitioner was also rejected by the 2nd respondent stating the very same reason. It is in such circumstance, the petitioner approached this Court by filing this writ petition seeking the following reliefs:

(3.) Heard the learned counsel for the petitioner and the learned Government Pleader appearing for respondents 1 and 2.