LAWS(KER)-1986-7-26

PREM KUMAR N VADHYAR Vs. DIST TREASURY OFFICER

Decided On July 18, 1986
PREM KUMAR N. VADHYAR Appellant
V/S
DIST. TREASURY OFFICER Respondents

JUDGEMENT

(1.) THE petitioner projects a grievance in relation to the supply of judicial stamps and stamp papers by the Ernakulam District Treasury.

(2.) THERE is no dispute that the petitioner is a licensee, entitled to function as such, on the basis of a licence in Form 1 issued under the Kerala Stamp Act, 1959, and that by virtue of the above licence, he had been vending stamps of both types, judicial and non judicial. The problem arose when, apparently taking into consideration the steep escalation of prices, the government by Ext. P2 notification dated 22-4-1985, enhanced the limit to which stamps could be vended by the licenced stamp vendors. The limit was raised to rs. 2,000/ -. The supply of stamps by the respondents was, however, confined to non judicial stamps and stamp papers. That is not justified, according to the petitioner. 2. The stand taken by the 1st respondent is that there is no separate notification under the Kerala Court Fees and Suits Valuation Act, 1959, appointing the petitioner as a licensee under that Act and that consequently he could not legitimately demand court fee stamps and papers to be vended by him. It is unfortunate that the respondents or those who were expected to examine the legal aspects, did not exert much in the matter to understand the background of the functioning of the stamp vendors or the effect and impact of the Acts and Rules issued from time to time. I shall now proceed to consider the relevant aspects.

(3.) THE writ petition is disposed of as above. THEre will not, however, be any order as to costs. . .