YUM! RESTAURANTS (INDIA) PRIVATE LIMITED Vs. THE DISTRICT REGISTRAR (GENERAL), OFFICE OF THE DISTRICT REGISTRAR

JUDGEMENT

(1.) It is stated the petitioner is a company registered under the Companies Act, 1956 and that the petitioner, with a view to starting a restaurant under the brand name "KFC" in Palakkad, had obtained a commercial space, by way of lease. That thereupon Ext.P-1 lease deed dated 29.8.2014 was duly executed and registered before the SRO, Palakkad. Later the petitioner company, invoking the terms of the lease had terminated the lease and informed the lessors that they will be handing over vacant possession of the lease hold premises by 30.9.2016 and that following the termination of the lease, in furtherance of the request of the lessors, a deed of surrender of lease as per Ext.P-2, was drawn up on 5.7.2017 and presented before the respondent [District Registrar (General), Palakkad] for registration. The respondent, upon presentation of the lease deed for registration had proceeded to adjudicate on the stamp value payable for Ext.P-2 deed of surrender and had rendered the impugned Ext.P-3 order in August, 2017 directing the petitioner company to pay the deficit stamp duty to tune of Rs. 7,92,000/- (Rupees seven lakhs ninety two thousand only). According to the petitioner, the respondent had reckoned additional stamp duty on the erroneous premise that the relevant provision applicable so far as the document in the nature of a deed of surrender is concerned is Article 48(b) of the Schedule of the Kerala Stamp Act, 1959. The petitioner would contend that since Ext.P-2 document is a deed of surrender of lease, the same is governed by the explicit provision in that regard contained in Article 54 of the Schedule an not by the general provisions contained in Article 48(b). It is in the light of these factual averments that the petitioner has filed the instant Writ Petition (Civil) with the following prayers.

(2.) Heard Sri.G.P.Shinod, learned counsel appearing for the writ petitioner company and Sri.Saigi Jacob Palatty, learned Senior Govt. Pleader appearing for the respondent.

(3.) The impugned Ext.P-3 rendered by the respondent reads as follows: VERNACULAR MATTER