IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 2ND DAY OF JUNE 2021/12TH JYAISHTA, 1943
WP(C) NO. 11558 OF 2021
PETITIONER:
0
LINCY DAVIS, W/O. DAVIS (LATE),
MUNDADAN PUTHUSSERY HOUSE,
NAYATHODE P.O., ANGAMALY, CHETHIKODE,
ERNAKULAM DISTRICT 683 572.
BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY
ITS SECRETARY, REVENUE DEPARTMENT,
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE SECRETARY, TAX DEPARTMENT,
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
3 THE LAND REVENUE COMMISSIONER,
COMMISSIONERATE OF LAND REVENUE,
PUBLIC OFFICE BUILDING, MUSEUM JN,
THIRUVANANTHAPURAM 695 033.
4 INSPECTOR GENERAL OF REGISTRATION,
DEPARTMENT OF REGISTRATION,
VANCHIYOOR POST,
THIRUVANANTHAPURAM 695 035.
5 THE DISTRICT COLLECTOR,
ERNAKULAM, CIVIL STATION,
KAKKANAD POST, ERNAKULAM 682 030.
6 THE DISTRICT REGISTRAR,
PERIMBILLY BUILDING, M G ROAD,
SHENOYS, ERNAKULAM HEAD POST,
ERNAKULAM 682 011.
WP(C) No.11558/2021
:2 :
7 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI , REVENUE DIVISIONAL OFFICE,
KB JACOB RD, FORT KOCHI, KOCHI HEAD POST,
ERNAKULAM 682 001.
8 THE SUB REGISTRAR, ANAGAMALY,
SUB REGISTRAR OF OFFICE,
ANAGAMALY 683 572.
SENIOR GOVERNMENT PLEADER SRI. K.P. HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.06.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.11558/2021
:3 :
JUDGMENT
~~~~~~~~~ Dated this the 2nd day of June, 2021 The petitioner submits that she is the absolute owner of land to an extent of 3.15 Ares comprised in Block No.12, Re-survey No.273/3-7 of Angamaly Village in Ernakulam District. The petitioner wants to sell a portion of her land. She came to know that the fair value fixed in respect of the petitioner's land is exorbitant.
2. The petitioner therefore filed an appeal before the 5th respondent-District Collector seeking to reduce the fair value. The appeal was made on 04.03.2021. The appeal is liable to be considered within a period of two months. However, no orders are passed on Ext.P1 appeal filed by the petitioner so far.
3. Heard learned counsel for the petitioner and the learned Government Pleader representing the respondents. WP(C) No.11558/2021 :4 :
4. As Ext.P1 appeal filed by the petitioner is against the notification of land value issued under Section 28A of the Kerala Stamp Act, the appeal is of a statutory character. The appeal therefore has to be disposed of within a reasonable time. In W.P.(C) No.21488/2014, under similar circumstances, the Sub Registrar concerned was directed to register the document of sale in accordance with the fair value fixed, making it clear that the registration of the document based on fair value will be subject to final disposal of the appeal relating to the fair value by the competent authority.
The writ petition is therefore disposed of permitting the petitioner to register sale deed, if any, in respect of her property, under protest, in accordance with the existing fair value. It is made clear that registration of the document based on fair value will be subject to final result of Ext.P1 appeal by the competent authority. If the appeal is disposed of reducing the existing fair value, necessarily, the competent authority shall refund the excess stamp duty paid on the document to the person who paid the stamp duty and corresponding WP(C) No.11558/2021 :5 : registration fee. The 5 th respondent-District Collector is directed to disposed of Ext.P1 appeal within a period of two months.
Sd/-
N. NAGARESH, JUDGE aks/04.06.2021 WP(C) No.11558/2021 :6 : APPENDIX PETITIONERS' EXHIBITS Exhibit P1 THE TRUE COPY OF THE FAIR VALUE APPEAL DATED 24/02/2021 SUBMITTED BY THE PETITIONER BEFORE 5TH ALONG WITH ITS POSTAL DELVIERY ACKNOWLEDGEMENT.
Exhibit P2 THE TRUE COPY OF THE JUDGMENT IN WPC 21488 OF 2014 DATED 19/08/2014.
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