Kerala High Court
P.I.Daisy vs State Of Kerala on 17 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
WP(C) NO. 18593 OF 2021
PETITIONER:
P.I.DAISY,
AGED 59 YEARS
W/O.SIMON GEORGE, CHERUVATHOOR HOUSE,
KATTAKAMPAL P.O., THRISSUR-680 544.
BY ADVS.
ARUN.B.VARGHESE
AISWARYA V.S.
VARNA MANOJ
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF REGISTRATION,
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR,
DISTRICT COLLECTORATE,
THRISSUR-680 003.
3 THE SUB REGISTRAR,
OFFICE OF THE SUB REGISTRAR,
AKKIKAVU, THRISSUR-680 519.
4 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
THRISSUR-680 003.
5 THE THAHASILDAR (LAND RECORDS),
KUNNAMKULAM, THRISSUR DISTRICT-680 503.
OTHER PRESENT:
SMT K AMMINIKUTTY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C)No.18593 of 2021
2
JUDGMENT
Dated this the 17th day of September, 2021
The petitioner has approached this Court alleging that
when she presented Ext.P4 - sale deed before the 3rd
respondent-Sub Registrar, it was refused to be registered for not
showing the fair value of the property covered by it. The
petitioner, therefore, prays that the 3 rd respondent be directed to
register Ext.P4 - computing the stamp value payable on the fare
value of the property, fixed as per Ext.P3 proceedings of the
competent Authority under the Kerala Land Tax Act.
2. However, the learned Senior Government
Pleader-Smt.K.Amminikutty, submitted that the afore
submissions of Sri.Arun B Varghese, made on behalf of the
petitioner, are incorrect and, in fact, speculative because
petitioner has not produced Ext.P4 document before the
competent Authority; and that, consequently, said Authority has
not informed her that she must show a particular price therein for
the purpose of registration. She submitted that these issues can
be considered by the 3rd respondent as and when document is
presented; and added that, said Authority will also advert to
W.P(C)No.18593 of 2021
Ext.P3 - Fair Value Notification, during such process.
3. I must say that I find some force in the above
submissions of the learned Senior Government Pleader since,
until the petitioner is served with a detrimental order, she does
not obtain any cause of action to approach this Court in this
manner.
In the afore circumstances, I order this writ petition
and leave liberty to the petitioner to present Ext.P4 before the 3 rd
respondent for registration; in which event, said Authority will
consider such request adverting to Ext.P3- Fair Value
Notification and take necessary action thereon as per law.
Needless to say, if the 3rd respondent is to issue any
order to the prejudice of the petitioner, she is at liberty to
approach any competent Authority for ventilation of her
grievances; for which purpose all her contentions are left open.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
NR/17/09/2021
W.P(C)No.18593 of 2021
APPENDIX
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE APPEAL DATED 26.05.2020
SUBMITTED BY THE WRIT PETITIONER BEFORE THE 2ND
RESPONDENT.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 06.10.2020 IN WPC
NO.20830/2020 OF THE HONOURABLE HIGH COURT OF
KERALA.
Exhibit P3 TRUE COPY OF THE ORDER BEARING
NO.DCTSR/4901/2020/B12 ISSUED BY THE 2ND
RESPONDENT ALONG WITH THE PROCEEDINGS DATED
03.03.2021 ISSUED BY THE 5TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE DRAFT SALE DEED PREPARED TO GET
EXECUTED BETWEEN THE WRIT PETITIONER AND ONE
HONEY VARGHESE AND CHACKO VARGHESE.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
