Balachandran K vs The District Collector
2023 Latest Caselaw 4685 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                          WP(C) NO. 13111 OF 2023
PETITIONER:

            BALACHANDRAN K
            AGED 84 YEARS, S/O LATE K.KRISHNAN NAIR,
            RESIDING AT LAKSHMI MANDIRAM, ERAVU P.O.,
            THRISSUR, PIN - 680 620.

            BY ADVS.
                        T.C.SURESH MENON
                        B.DEEPAK


RESPONDENTS:

     1      THE DISTRICT COLLECTOR
            OFFICE OF THE DISTRICT COLLECTOR, 1ST FLOOR,
            CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR,
            AYYANTHOLE, THRISSUR, PIN - 680 003.

     2      THRISSUR CORPORATION
            REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
            THRISSUR, PIN - 680 001.

            BY ADV.SMT. C S SHEEJA (SR GP)


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13111 OF 2023              2




                            JUDGMENT

Petitioner has approached this Court seeking a limited

relief. Petitioner filed an appeal under Section 28 A of the

Kerala Stamp Act, against the fixation of fair value in respect

of his property. The filing of the appeal is reflected by

Ext.P5 acknowledgment. The petitioner prays that the

appeal may be disposed of by the 1 st respondent within a

time frame to be fixed by this Court.

2. The learned Senior Government Pleader has no

objection in such a direction being issued.

Accordingly, this writ petition will stand disposed of

directing the 1st respondent to consider the appeal filed by

the petitioner under Section 28 A of the Kerala Stamp Act,

against the fair value fixation in respect of his property

within a period of three months from the date of receipt of a

certified copy of this judgment and after affording an

opportunity of hearing to the petitioner.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 13111/2023

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE COPY OF THE BUILDING PERMIT NO.PW8-BA/ 422/03-

04 ISSUED BY THE 2ND RESPONDENT, DATED 11.3.2005.

Exhibit-P2 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.14256/ 2012 ON THE FILE OF THIS HONORABLE COURT, DATED 28.11.2017.

Exhibit-P3 A TRUE COPY OF THE EXTRACT OF THE DETAILS OBTAINED IN RESPECT TO THE FAIR VALUE FIXATION FROM THE DEPARTMENT OF REGISTRATION

Exhibit-P4 A TRUE COPY OF THE ORDER VIDE., NO.32169/2015/B12 ISSUED IN THIS REGARD, DATED 29.6.2018

Exhibit-P5 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 10.12.2019 ISSUED BY THE 1ST RESPONDENT