This writ petition is filed challenging the proceedings initiated against the petitioner under Section 45B of the Kerala Stamp Act, 1959 read with Rules under valuation. Petitioner submits that the respondents have no authority to initiate proceedings against the petitioner. However, it is alternatively prayed that before proceeding against the petitioner, the documents relied on by the District Registrar, first respondent in Exts.P5 and P6 shall be furnished to the petitioner to defend the proceedings initiated against the petitioner. The petitioner made Ext.P7 request. The District Registrar in Exts.P5 and P6 notices have entered into certain tentative findings against the petitioner by relying some materials. Necessarily, natural justice demand that petitioner shall be given copy of those materials to defend any proceedings. Therefore, there shall
WP(C).No.31409/2014-A.
2 be a direction to respondents 1 and 2 to provide necessary materials as demanded by the petitioner in Ext.P7, before finalising the proceedings based on Exts.P5 and P6. It is made clear that proceedings shall not be finalised without providing sufficient opportunity to the petitioner to defend the case. The necessary documents shall be given to the petitioner within three weeks from the date of receipt of copy of this judgment.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE)
Kvs/-
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