Anupa.K.V vs The Land Revenue Commissioner
2024 Latest Caselaw 14547 Ker

Kerala High Court

Anupa.K.V vs The Land Revenue Commissioner on 31 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                        WP(C) NO. 15683 OF 2024
PETITIONER:

            ANUPA.K.V
            AGED 43 YEARS
            W/O SARATH KUMAR M S, HOUSE NO 34, ROSE GARDENS,
            NADATHARA PO, THRISSUR DISTRICT, PIN - 680751
            BY ADVS.
            C.D.DILEEP
            SHYLAJA VARGHESE


RESPONDENTS:

    1       THE LAND REVENUE COMMISSIONER
            REVENUE COMPLEX, PUBLIC OFFCIE BUILDING MUSEUM,
            THIRUVANANTHAPURAM, PIN - 685033
    2       THE DISTRICT REGISTRAR (GENERAL)
            OFFICE OF THE DISTRICT REGISTRAR, G6H9+JJX, CHEMBUKKAV,
            THRISSUR, THRISSUR DISTRICT, PIN - 680020
    3       THE SUB REGISTRAR (GENERAL)
            THRISSUR, G6H9+JJX, CHEMBUKKAV, THRISSUR DISTRICT,
            PIN - 680020
            BY ADV.AJITH VISWANATHAN - GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No. 15683 of 2024
                                  ..2..




                        J U D G M E N T

Dated this the 31st day of May, 2024

The petitioner is aggrieved by Ext.P8 order issued

by the District Registrar, directing him to pay a

sum of Rs.62,66,688/- towards deficit stamp duty,

within a period of 15 days from the date of

issuance of Ext.P8. Learned counsel would submit

that, Ext.P9 statutory appeal is preferred before

the 1st respondent/Land Revenue Commissioner. The

petitioner only seeks the same to be considered

within a time frame to be fixed by this Court.

2. This Court is inclined to grant the limited

relief sought for by the petitioner. Accordingly,

there will be a direction to the 1st

respondent/Land Revenue Commissioner to consider

and pass orders in Ext.P9 revision - after

affording an opportunity of being heard to the

..3..

petitioner - within a period of two months from

the date of receipt of a copy of this judgment. In

the meantime, no coercive steps shall be initiated

against the petitioner for realization of the

amount covered by Ext.P8.

The Writ Petition (Civil) is disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE TR

..4..

APPENDIX OF WP(C) 15683/2024

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE JUDGMENT IN OS.NO.329/2012 DATED 18/07/2013 OF THE 1ST ADDITIONAL SUB COURT.

Exhibit-P2 A TRUE COPY OF THE SETTLEMENT AGREEMENT WITH DECREE DATED 19/02/2013 IN

Exhibit-P3 A TRUE COPY OF THE PARTITION DEED PRESENTED BEFORE THE THRISSUR SUB REGISTRAR OFFICE DATED 07.06.2013 Exhibit-P4 A TRUE COPY OF THE RECEIPT DATED 07.06.2013 SHOWING PAYMENT OF RS.9,14,172/-

Exhibit-P5 A TRUE COPY OF THE REFERRAL COMMUNICATION OF THE SUB REGISTRAR TO THE DISTRICT REGISTRAR DATED 07/06/2013 Exhibit-P6 A TRUE COPY OF THE ORDER NO.INS-

3335/2013 DATED 08/08/2013 PASSED BY THE DISTRICT REGISTRAR/COLLECTOR Exhibit-P7 A TRUE COPY OF THE COMMON JUDGMENT DATED IN WP(C).NO.30664 OF 2014 AND WP(C).NO.13160 OF 2022 OF THE HON'BLE HIGH COURT Exhibit-P8 A TRUE COPY OF THE ORDER NO. INS3- 3335/2013, DATED 20.03.2024 OF THE 2ND RESPONDENT Exhibit-P9 A TRUE COPY OF THE REVISION PETITION DATED 06.04.2024 PENDING BEFORE THE 1ST RESPONDENT