Jose P.P vs State Of Kerala
2021 Latest Caselaw 22681 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                       WP(C) NO. 25786 OF 2021
PETITIONER:

          JOSE P.P., S/O. PRINCHU, PUDKKADAN HOUSE,
          KANJUPADAM, P.O. PUDUKKAD, THRISSUR-680301.

          SRI.JOBY JOSEPH (THRISSUR)
          SRI.RAVI KRISHNAN
          SRI.K.VINAYA



RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE DISTRICT COLLECTOR, CIVIL STATION, CIVIL LINES
          ROAD, AYYANTHOLE, THRISSUR DISTRICT-680003.

    3     THE REVENUE DIVISIONAL OFFICER,
          RDO OFFICE, 1ST FLOOR, CIVIL STATION, CIVIL LINES ROAD,
          AYYANTHOLE, THRISSUR DISTRICT-680003.

    4     THE TAHSILDAR (LR)
          CHEMBUKAVU, THRISSUR DISTRICT-680020.

    5     THE VILLAGE OFFICER,
          THRISSUR VILLAGE, THRISSUR TALUK, PANANCHERRY P.O.,
          THRISSUR DISTRICT-680020.

          SMT. SURYA BINOY- SR. G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25786 OF 2021
                                  2


                            JUDGMENT

The petitioner has approached this Court seeking a

direction to the second respondent to take up Ext.P4 statutory

appeal preferred under Section 28A of the Kerala Stamp Act,

following due procedure within a time frame to be fixed by this

Court.

2. The learned Senior Government Pleader, Smt.Surya

Binoy, submitted that if the petitioner only requires Ext.P4 to

be taken up and disposed of by the second respondent, there

does not appear to be any legal impediment in doing so; but

prayed that this Court may not make any affirmative

declarations as to the entitlement of the petitioner to any

relief and leave it to the competent Authority to take a

decision on it in terms of law.

3. Taking note of the afore submissions, I order this writ

petition, directing the second respondent to take up and

consider Ext.P4 appeal, after affording an opportunity of

being heard to the petitioner; thus culminating in an

appropriate order thereon, within a period of two months

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

At this time, Smt.Surya Binoy intervened to say that the

petitioner has already been heard. I record this.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 25786 OF 2021

APPENDIX OF WP(C) 25786/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTERED DOCUMENT NO.3156/08 DATED 07/05/2008 OF SRO, THRISSUR.

Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIONER ISSUED BY THE 4TH RESPONDENT DATED 12/03/2019.

Exhibit P3 A TRUE COPY OF THE FAIR VALUE OF LAND OF SY.NO.1510/1-3 DOWNLOADED FROM THE WEBSITE.

Exhibit P3(A) A TRUE COPY OF THE GAZETTE NOTIFICATION DATED 31/03/2020.

Exhibit P4 A TRUE COPY OF THE APPEAL TO THE DISTRICT COLLECTOR, THRISSUR SUBMITTED BY THE PETITIONER WHICH IS NUMBER AS B12/3483/2019.

Exhibit P5 TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR DATED 12/03/2017 REDUCING THE FAIR VALUE OF THE PROPERTY COMPRISING IN SY.NO.1469/5 OF THRISSUR VILLAGE IN THRISSUR TALUK OWNED BY USHA SURENDRAN.

Exhibit P5 TRUE COPY OF THE NOTICE DATED 16.09.2021 ISSUED TO THE PETITIONER.