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TMI Blog2011 (5) TMI 1141X X X X Extracts X X X X X X X X Extracts X X X X ..... tered by the Sub Registrar, Ranni. However, the Sub Registrar doubted the correctness of the valuation of the property and referred the case to the District Registrar. The District Registrar, in exercise of the statutory power under Section 45B(2) of the Kerala Stamp Act, 1959, held an enquiry and came to the conclusion that the real value of the property held by the said document is ₹ . 2,00,000/-, but not ₹ . 1,00,000/-, as stated in the document. Therefore, he ordered the first Respondent to remit the deficit stamp duty off 10,000/- and deficit registration fee of? 2;000/-. 2. Aggrieved by such an order, the first Respondent made a complaint before the second Respondent, the Kerala Lok Ayukta. By order dated 8.5.2006, Lok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, Sri. Benny Gervasis, appearing for the Appellants, submitted that, the learned Judge grossly erred in dismissing the Writ Petition on the ground of the financial stakes involved in the litigation are paltry. The learned Government Pleader submitted that, the question raised by the State is having far reaching consequences and a pure question of law and it goes to the very root of the order impugned in the Writ Petition and, therefore, the judgment under appeal is unsustainable. 6. Though the first Respondent is served, he did not choose to appear and contest the matter when the matter is taken up. 7. Section 45B(1) of the Kerala Stamp Act authorises the registering officer to whom an instrument of transfer of property is presented ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be payable by the person liable to pay the duty and, on the payment of such duty, the Collector shall endorse a certificate of such payment on the instrument under his seal and signature. 8. Sub-section (3) of Section 45B also authorizes the Collector to suo motu exercise the power described earlier, the details of which may not be necessary for the purpose of the present appeal, as it is the case arising upon a reference from the registering authority to the Collector. The expression 'Collector' is defined under Section 2(c) as follows: Section 2(c). Collector means the Chief Officer in charge of the Revenue Administration of a District; and includes any other officer whom the Government may, by notification in the Gazette ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice in Form No. II under Rule 4 of the Kerala Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, in proceedings UV(3)/1887/04/KPLY is issued by second Respondent to the complainant calling upon him to pay the deficit stamp duty of ₹ . 45,840/- and the deficit registration fee of ₹ . 22,920/- or to file his representations against the notice. The notice issued by the 2nd Respondent District Registrar is illegal being without jurisdiction and without complying with the statutory requirements. Therefore, impugned proceedings being illegal, null and void is liable to be quashed. 12. It appears from the above that the first Respondent challenged the decision of the District Registrar on the ground of lack of jurisdi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the judgment under appeal does not decide the question. We are of the opinion that the question of jurisdiction ought not to be avoided on the ground of the meagreness of the financial stakes involved in this case. Questions of jurisdiction of judicial and quasi-judicial authorities are questions in the realm of public law. Adjudication of the question of law raised becomes the duty of courts which are created to ensure the rule of law. If the authority does not have the requisite jurisdiction to adjudicate the dispute brought before it, permitting such an examination would only create chaos in the administration. 16. Coming to the jurisdiction of the Lok Ayukta, Section 7 of the Kerala Lok Ayukta Act, 1999, describes the jurisdiction of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eans action taken or purporting to have been taken in the exercise of administrative functions in any case where, (i) such action or the administrative procedure or practice adopted in such action is unreasonable, unjust, oppressive or improperly discriminatory; or (ii) there has been wilful negligence or undue delay in taking such action or the administrative procedure or practice adopted in such action involves undue delay. 19. The power purported to have exercised by the District Registrar by the proceedings impugned before the Lok Ayukta may or may not be strictly within the jurisdiction of the District Registrar. It is a question which we do not propose to go into the instant appeal. For the purpose of the present appeal, it i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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