Kerala High Court
Jessy Varghese vs The State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 5814 OF 2024
PETITIONER:
JESSY VARGHESE
AGED 52 YEARS
W/O BINOJ, MUTTATHUKATTIL (H), ANGAMALY REPRESENTED
BY HER POWER OF ATTORNEY HOLDER ELIAS
KATHANARUPARAMBIL, S/O JOSEPH, KATHANARUPARAMBIL
HOUSE MUVATTUPUZHA ,ERNAKULAM DISTRICT., PIN -
686661
BY ADVS.
PRAMOD J.DEV
V.P.JOLY
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY IT'S SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REGISTRATION, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT REGISTRAR (GENERAL)
OFFICE OF THE DISTRICT REGISTRAR (GENERAL), C.C.
40/1017, PERUMPILLY BUILDING, ERNAKULAM.,
PIN - 682011
OTHER PRESENT:
SRI. AJITH VISWANATHAN -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C). No.5814 of 2024 :2:
VIJU ABRAHAM, J.
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W.P.(C) No.5814 of 2024
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Dated this the 23rd day of February, 2024
JUDGMENT
The petitioner has approached this Court seeking a direction
to the 2nd respondent to consider and pass orders on Ext.P4 petition
submitted by the petitioner, within a time frame to be fixed by this
Court.
2. The petitioner claims to be a person working abroad and
she is represented by her power of attorney holder in this case. The
petitioner claims that she has purchased 3 Ares and 24 Square
Metres of landed property lying in Re.Sy. No.385/6-2 and 385/8-3
of Angamaly Village, Aluva Taluk, Ernakulam District, as per Ext.P2
document. The property purchased by the petitioner was included
in two distinct Survey sub divisions and thus two distinct amount of
fair value has been fixed for these sub divisions. Though the
property was registered in her name as early as on 29.04.2013, in
the year 2023, proceedings for under-valuation was initiated
against her on the above mentioned registration of the documents.
Immediately, on coming to know of the under-valuation
proceedings, the petitioner submitted Ext.P4 petition to the 2 nd
respondent requesting to stop the under valuation proceedings
initiated against her, as there is no ground for any under valuation
of the property. The specific contention of the petitioner is that all
the amounts due from her towards registration and stamp duty was
remitted by the petitioner as per the re-fixed fair value and there
is no justification in initiating any under valuation proceedings
against her.
3. Heard the learned Government Pleader also, who upon
instructions submitted that Ext.P4 complaint is pending
consideration and an appropriate decision on the same will be
taken without much delay.
After hearing both sides, I am inclined to dispose of the writ
petition with a direction to the 2nd respondent to take a decision on
Ext.P4 complaint preferred by the petitioner without much delay,
at any rate, within an outer limit of one month from the date of
receipt of a copy of this judgment, after affording an opportunity of
being heard to the petitioner.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
APPENDIX OF WP(C) 5814/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE POWER OF ATTORNEY
DATED 23.08.2023 EXECUTED BY THE
PETITIONER
Exhibit P2 A TRUE COPY OF THE SALE DEED NUMBERED AS
1888/1/2013 OF THE ANGAMALY SUB
REGISTRAR'S OFFICE DATED 29.04.2013
Exhibit P3 A TRUE COPY OF THE KERALA GAZETTE
NOTIFICATION DATED 16.04.2013
Exhibit P4 A TRUE COPY OF THE PETITION DATED
14.09.2023 SUBMITTED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT
