Kerala High Court
Lincy Davis vs State Of Kerala on 2 June, 2021
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
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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
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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. 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
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
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.
ncd
