Radhamani V.B vs State Of Kerala
2021 Latest Caselaw 20923 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                       WP(C) NO. 21320 OF 2021
PETITIONER:

          RADHAMANI V.B,
          D/O VANAJAKSHI AMMA,
          VAKKAYIL HOUSE, KOTHAKULANGARA,
          ANGAMALY P.O, PIN-683572, ERNAKULAM DISTRICT.

          BY ADVS.
          WILSON URMESE
          MANU HORMIS WILSON


RESPONDENTS:

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

    2     THE DISTRICT COLLECTOR,
          CIVIL STATION, KAKKANAD P.O, PIN-682030,
          ERNAKULAM DISTRICT.

    3     THE REVENUE DIVISIONAL OFFICER,
          FORT KOCHI, PIN-682001, ERNAKULAM DISTRICT.

    4     THE SUB REGISTRAR,
          SUB REGISTRAR OFFICE, ANGAMALY P.O, PIN-683572,
          ERNAKULAM DISTRICT.

          SMT. SURYA BINOY- SR. G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21320 OF 2021
                                   -2-

                              JUDGMENT

The petitioner has approached this Court with

a limited plea that her Statutory Appeal preferred

under Section 28A of the Kerala Land Tax Act

before the 2nd respondent - District Collector,

against Ext.P2 notification issued by the Revenue

Divisional Officer (RDO), Fort Kochi, be directed

to be taken up and disposed of 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.P3 appeal to be taken up and

disposed of by the 2nd respondent, there does not

appear to be any legal impediment in doing so;

however, praying that this Court may not make any

affirmative declarations in her favour in this

judgment and leave it to the said Authority to

take an apposite decision, as per law. She, WP(C) NO. 21320 OF 2021

however, added that the District Collector may

also be allowed liberty to verify whether Ext.P3

appeal has been filed within time.

Taking note of the afore submissions, I allow

this writ petition and direct the 2nd respondent -

District Collector, to take up Ext.P3 appeal of

the petitioner and dispose it of in terms of law,

after affording her necessary opportunity of being

heard; thus culminating in an appropriate order

thereon, as expeditiously as is possible, but not

later than two months from the date of receipt of

a copy of this judgment.

Needless to say, the District Collector will

be at liberty to dispose of Ext.P3 in any manner

as is permissible in law; and clarify that I have

not considered any of the contentions of the rival

parties on its merits.

After I dictated this part of the judgment,

Sri.Manu Hormis Wilson - learned counsel for the WP(C) NO. 21320 OF 2021

petitioner, relying on Exts.P4 and P5 judgments of

this Court, prayed that a direction be issued to

the 4th respondent - Sub Registrar, to register the

Conveyance Deed, with respect to the property

covered by Ext.P1, at the value now fixed through

Ext.P2, under protest; and that if the District

Collector is to find in his client's favour, then

necessary proceedings be ordered to be issued for

refund of the excess stamp duty, in terms of law.

The learned Senior Government Pleader did not

oppose the afore plea, presumably because of the

directions in Exts.P4 and P5 judgments.

In the afore circumstances, I further direct

the 4th respondent - Sub Registrar, to allow

registration of the document to be presented by

the petitioner, based on the value showed in

Ext.P2; however, making it clear that in the event

the District Collector is to find in favour of the

petitioner, then necessary action for refund of WP(C) NO. 21320 OF 2021

the excess stamp duty shall be initiated and

completed in terms of law, without any avoidable

delay thereafter by the competent respondent or

Authority.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 21320 OF 2021

APPENDIX OF WP(C) 21320/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF PARTITION DEED NO.1221/2002 DATED 29.04.2002 OF SRO, ANGAMALY.

EXHIBIT P2 A TRUE COPY OF THE NOTIFICATION DATED 31.03.2020 OF THE GOVERNMENT OF KERALA.

EXHIBIT P3 TRUE COPY OF THE APPEAL DATED 02.08.2021, BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 19.08.2014 IN WPC NO.21488/2014.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 02.11.2020 IN WPC NO.23367/2020.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE