Basheer A.V vs The District Collector
2023 Latest Caselaw 6508 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 19176 OF 2023
PETITIONER:

          BASHEER A.V.
          AGED 55 YEARS
          AZHUVALAPPIL VEEDU, DOWNHILL POST, MALAPPURAM, PIN -
          676519

          BY ADVS.
          R.SUDHISH
          M.MANJU


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          MALAPPURAM DISTRICT, UPHILL POST, MALAPPURAM, PIN -
          676505

    2     THE TAHSILDAR
          ERNAD TALUK, OFFICE OF THE ERNAD TAHSILDAR, MANJERI,
          MALAPPURAM, PIN - 676121


OTHER PRESENT:

          SMT. DEEPA V (GP)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.19176/2023

                                  JUDGMENT

The petitioner is aggrieved by fixation of fair value in respect of land

belonging to the petitioner and certain others. The petitioner has therefore filed

Exts.P3 and P4 before the District Collector seeking a re-determination of the fair

value. Pending consideration of Exts.P3 and P4 there has been a further revision of

fair value, prompting the petitioner to file Ext.P6 before the District Collector.

2. The learned Government Pleader submits the Exts.P3, P4 and P6 will

have to be treated as appeals filed under Section 28A of the Kerala Stamp Act and

the 1st respondent can be directed to consider the same after affording an

opportunity of hearing to the petitioner and any other person concerned.

3. Having heard the learned counsel for the petitioner and the learned

Government Pleader appearing for respondents, this writ petition will stand

disposed of directing the 1st respondent to consider Ext.P3, P4 and P6 as

applications / appeals filed under Section 28A of the Kerala Stamp Act and to

decide the same in accordance with the law after affording an opportunity of

hearing to the petitioner and any other person concerned within a period of 3

months from the date of receipt of a certified copy of this judgment. It is open to the

petitioner to produce any material that he may wish to rely on before the 1 st

respondent for consideration.

Sd/-

GOPINATH P.

JUDGE

AMG W.P (C) No.19176/2023

APPENDIX OF WP(C) 19176/2023

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE LOCATION SKETCH OF THE PETITIONER'S PROPERTY ISSUED BY THE VILLAGE OFFICER, MALAPPURAM DATED 9.3.2023

Exhibit P2 FAIR VALUE OF LAND SITUATED IN SURVEY NO. 437 FROM THE GOVERNMENT WEBSITE OF DEPARTMENT OF REGISTRATION

Exhibit P3 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 10.11.2022

Exhibit P4 COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 30.11.2022

Exhibit P5 COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DIRECTING THE VILLAGE OFFICER, MALAPPURAM TO CONDUCT AN INSPECTION AND FILE A REPORT DATED 3.1.2023

Exhibit P6 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 16.2.2023

Exhibit P7 PHOTOGRAPHS OF THE PETITIONER'S PROPERTY SHOWING THE 3 FEET ACCESS TO THE PROPERTY WHICH IS CONNECTED TO THE 2 METRES PATH WAY