LAWS(KER)-2009-8-61

KERALA BUILDERS FORUM Vs. STATE OF KERALA

Decided On August 28, 2009
KERALA BUILDERS FORUM Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE main point that arises for decision in these cases is the constitutional validity of certain provisions of the Kerala Stamp Act, 1959, which were introduced by way of an amendment by the Finance Act, 2007 (Act No. 15 of 2007 ).

(2.) WP (C) No. 17794/07: This writ petition is treated as the main case for the purpose of referring to the pleadings and exhibits. The brief facts of the case are the following:

(3.) THE first petitioner is a Society, registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The petitioners 2 to 4 and other builders are its members. The fifth petitioner is a person, who entered into two agreement with the third petitioner, one for the purchase of an undivided share of land owned by the said petitioner and the other for construction of a residential flat. The members of the first petitioner, including petitioners 2 to 4 are engaged in the business of development of properties and construction of apartments and other buildings.