Anitha Sukumaran vs State Of Kerala
2021 Latest Caselaw 15172 Ker

WP(C) 13714/2021                 1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                       WP(C) NO. 13714 OF 2021
PETITIONERS:

    1     ANITHA SUKUMARAN
          AGED 52 YEARS
          CHEMBAKASSERY HOUSE, MANGATTUKARA, PULIYANAM P.O.

          ANGAMALLY, ERNAKULAM-683 572.

    2     LEELAMMA BABY,
          AGED 50 YEARS
          PULIYAN HOUSE, MANGATTUKARA, PULIYANAM P.O,

          ANGAMALLY, ERNAKULAM-683 572.

          BY ADV MEREENA JOSEPH



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT ,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

    2     THE LAND REVENUE COMMISSIONER
          COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
          BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM-33.

    3     THE DISTRICT COLLECTOR,
          CIVIL STATION, KAKKANAD, ERNAKULAM-682 030.

    4     THE REVENUE DIVISIONAL OFFICER,
          FORT KOCHI-682 001.

          SMT AC VIDHYA GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) 13714/2021                       2



                                   JUDGMENT

Being aggrieved by the notification of land value issued under Section

28A of the Kerala Stamp Act, 1959, the petitioners herein have preferred

separate appeals, copies of which have been produced as Exts.P1 and P2,

under Section 28A(4) of the Act challenging the fixation of fair value of the

properties owned by them. It is contended that the appeals are pending

before the 3rd respondent. The petitioners state that though the District

Collector is bound to take a decision in an expeditious manner as

contemplated under the Stamp (Fixation of Fair Value of Land) Rules, 1995,

their fear is that there would be an inordinate delay in considering the

same. Their prayer in this petition is for a direction to the 3rd respondent to

take up the appeals and dispose of the same in an expeditious manner.

2. Smt.A.C.Vidya, the learned Government Pleader, submits that

the appeals were preferred only on 28.06.2021 and the assertion that there

is delay is unfounded. It is submitted that the appeals can be disposed of

within the time stipulated under the Rules.

3. Having regard to the facts and circumstances, this writ petition

is disposed of with a direction to the 3rd respondent to take up Exts.P1 and

P2 appeals and finalize the same expeditiously, in any event, within an

outer time frame of two months from the date of receipt of a copy of this

judgment. Before passing orders, the petitioners shall also be afforded an

opportunity of being heard.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 13714/2021

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPEAL FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 28.6.2021

Exhibit P2 THE COPY OF THE APPEAL FILED BY THE 2ND PETITIONER DATED 28.6.2021 BEFORE THE 3RD RESPONDENT

RESPONDENTS' EXHIBITS:

NIL