Anitha Karnavar vs State Of Kerala
2021 Latest Caselaw 3360 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                       WP(C).No.1452 OF 2021(F)


PETITIONER:

               ANITHA KARNAVAR
               AGED 59 YEARS
               PERUMBITTETHU VEEDU, THURTHTIMEL MURI, NEDUVARAMCODE
               P.O, CHERIYANAD VILLAGE,
               CHENGANNUR TALUK, ALAPPUZHA DISTRICT, PIN-689 508

               BY ADV. SRI.S.HARIKRISHNAN

RESPONDENTS:

      1        STATE OF KERALA
               REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE,
               SECRETARIAT, THIRUVANANTHAPURAM-695 001

      2        THE DISTRICT COLLECTOR,
               COLLECTORATE, ALAPPUZHA-688 001

      3        THE REVENUE DIVISIONAL OFFICER,
               OFFICE OF THE R.D.O CHENGANNUR,
               ALAPPUZHA, PIN-689 121

      4        THE TAHSILDAR,
               TALUK OFFICE, CHENGANNUR, ALAPPUZHA, PIN-689 121

      5        THE VILLAGE OFFICER,
               VILLAGE OFFICE, CHERIYANAND P.O, CHENGANNUR,
               ALAPPUZHA, PIN-689 506


OTHER PRESENT:

               SMT A.C.VIDHYA - GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1452 OF 2021(F)

                                 2

                            JUDGMENT

The petitioner is the owner in possession of 1 hectare 8 ares

and 55 sq.metres of land comprised in Re.Sy. No.271/2 in Block

No.12 of Cheriyanad Village, covered by Partition Deed No.1781 of

1980 of the Sub Registrar Office, Chengannur. The document

marked as Ext.P1 is the property tax receipt dated 03.11.2020 for

the year 2020-21 issued by the 5th respondent Village Officer. The

petitioner has filed this writ petition under Article 226 of the

Constitution of India, seeking a writ of certiorari to quash Ext.P8

order dated 11.05.2020 passed by the 2nd respondent District

Collector in appeal and Ext.P10 order dated 09.10.2020 passed by

the 1st respondent State; a declaration that the petitioner's

property is eligible to be considered for reduction of fair value in

terms of Ext.P6 recommendation of the Revenue Divisional Officer;

and a writ of mandamus commanding the 2 nd respondent to pass

orders on Ext.P7 appeal afresh after hearing the petitioner in

compliance with sub-rule (3) of Rule 5 of the Kerala Stamp

(Fixation of Fair Value) Rules, 1995 framed under the Kerala Stamp

Act, 1959.

2. On 20.01.2021, when the writ petition came up for WP(C).No.1452 OF 2021(F)

admission, the learned Government Pleader was directed to get

instructions as to whether Ext.P8 order of the 2 nd respondent

District Collector is one with notice to the petitioner.

3. Heard the learned counsel for the petitioner and also the

learned Government Pleader appearing for the respondents.

4. The learned Government Pleader, on instructions, would

submit that Ext.P8 order passed by the 2nd respondent District

Collector and Ext.P10 order passed by the 1 st respondent State are

without notice to the petitioner and that, the 2 nd respondent shall

re-consider Ext.P7 appeal filed by the petitioner against the

notification of land value issued under Section 28A of the Kerala

Stamp Act, with notice to the petitioner and after affording her an

opportunity of being heard.

Having considered the submissions made by the learned

counsel on both sides, this writ petition is disposed of by setting

aside Exts.P8 order passed by the 2 nd respondent District Collector

and P10 order passed by the 1st respondent State, for the aforesaid

reason, and directing the 2nd respondent to reconsider Ext.P7

appeal and take an appropriate decision, with notice to the

petitioner and after affording her an opportunity of being heard, as WP(C).No.1452 OF 2021(F)

expeditiously as possible, at any rate, within a period of one month

from the date of receipt of a certified copy of this judgment.

No order as to costs.

Sd/-

                                       ANIL K.NARENDRAN
JV                                             JUDGE
 WP(C).No.1452 OF 2021(F)





                               APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 A TRUE COPY OF THE PROPERTY TAX RECEIPT

3.11.2020 FOR YEAR 2020-21 ISSUED BY 5TH RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE FAIR VALUE OF LAND FIXED IN RESPECT OF PETITIONER'S PADDY LAND AVAILABLE AT https://igr.kerala. gov.in.

EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGE OF THE DOWNLOADED KERALA GAZETTE DISPLAYING CASE SPECIFIC FAIR VALUE.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 28.10.2019 BEFORE THE 3RD RESPONDENT WITH BRIEF ORDER FOR ENQUIRY AND REPORT ENDORSED BY 3RD RESPONDENT ON THE OVERLEAF.

EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION NO.

B2/293/20/FVA DT. 13.1.2020 ISSUED BY 4TH RESPONDENT TO 3RD RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION NO. K 250/20/FVA DT. 04.02.2020 SUBMITTED BY 3RD RESPONDENT BEFORE 2ND RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE STATUTORY APPEAL DT.

NIL SUBMITTED IN FORM B BEFORE THE 2ND RESPONDENT DISTRICT COLLECTOR.

EXHIBIT P8 A TRUE COPY OF ORDER C3-182105/2020 DT.

11.5.2020 PASSED BY 2ND RESPONDENT IN APPEAL.

EXHIBIT P9 A TRUE COPY OF THE REVISION PETITION DT.

10.06.2020 BEFORE THE 1ST RESPONDENT

EXHIBIT P10 A TRUE COPY OF ORDER NO.REV.G2/157/2020-

REV. DT. 9.10.2020 ISSUED BY 1ST RESPONDENT.