KERALA CRICKET ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in this Writ Petition (Civil) filed on 5.9.2013 are as follows:

(2.) Heard Sri.P.B.Krishnan, learned counsel for the petitioner, Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for respondents 1 to 3 and Sri.N.Nagaresh, learned Assistant Solicitor General, appearing for R-4.

(3.) According to the averments in the Writ Petition, the petitioner had purchased 9.6923 hectares of land in Edakochi Village for constructing an International Cricket Stadium. Based on the request made by the petitioner, the respondent-State Government had issued Ext.P-4 G.O.(P).No.235/2009/TD dated 22.12.2009 in exercise of the powers under Section 9(1)(a) of the Kerala Stamp Act ordering remittance of 75% of the stamp duty in respect of the above proposal to purchase the land. Ext.P-4 Government Order was based on Exts.P-1 to P-3. After the issuance of Ext.P-4 Government Order dated 22.12.2009, the petitioner had taken steps to get seven sale deeds registered between the month of February to May, 2010 for a total sale price of approximately about Rs. 25.5 crores. The petitioner has remitted only 25% of the stamp duty based on the benefit granted in the Government Order. Thereafter, it appears that various objections were raised from various quarters against the proposed construction including the alleged violation of coastal zone regulations. It is the case of the petitioner that accordingly they were constrained to keep the proposed construction in abeyance. That thereafter the Government, without affording a reasonable opportunity of being heard to the petitioner, had issued the impugned Ext.P-13 G.O.(P).No.251/1012/TD dated 30.11.2012, rescinding the stamp duty benefit granted as per Ext.P-4 Government Order. Consequently, the State Government also by Ext.P-14 Government letter dated 19.6.2013 directed under Section 46 of the Kerala Stamp Act to take steps to proceed with the recovery of the waived stamp duty. Consequently, the impugned proceedings at Ext.P-15 dated 11.7.2013 and Ext.P-16 dated 19.8.2013 have been issued by the 3rd respondent-District Registrar (General), Ernakulam, for taking steps for recovery of the said waived stamp duty amounts. It is the case of the petitioner that the total amount covered by the waived duty comes to approximately about Rs. 2.25 crores. This Court as per order dated 6.9.2013 had admitted the above Writ Petition (Civil) and had also granted interim stay order subject to the condition that the petitioner should deposit an amount of Rs. 1 crore out of the total demanded amount, etc. The petitioner would state that he has already deposited Rs. 1 crore in compliance with the condition laid down in the interim order dated 6.9.2013.