Nazeema Azad vs The District Collector
2024 Latest Caselaw 29094 Ker

Kerala High Court

Nazeema Azad vs The District Collector on 10 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

WP(C) NO. 28559 OF 2023


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             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946

                     WP(C) NO. 28559 OF 2023

PETITIONER:

         NAZEEMA AZAD, AGED 55 YEARS
         W/O AZAD, PAZHOOPARAMPIL HOUSE, ADIMALI P.O,
         IDUKKI, PIN - 685561


         BY ADVS.
         ESM.KABEER
         C.SHEEBA


RESPONDENT/S:

    1    THE DISTRICT COLLECTOR
         CIVIL STATION, IDUKKI @ PAINAVU, PIN - 685603

    2    THE DISTRICT REGISTRAR
         IDUKKI, THODUPUZHA P.O, IDUKKI-, PIN - 685584

    3    THE SUB REGISTRAR
         SUB REGISTRAR OFFICE DEVIKULAM
         KANNAN DEVAN HILLS, DEVIKULAM P.O IDUKKI,
         PIN - 686613

         BY SMT.DEEPA V G.P.


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 28559 OF 2023


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                           JUDGMENT

The petitioner has purchased 20 cents of property in

Sy.No.1175, Re.Sy.No.719/3 block No.5 of Mannamkandam Village,

Devikulam Taluk, Idukki District. The petitioner is challenging

Ext.P2 revenue recovery notice issued pursuant to a final order

passed under Section 45B of the Kerala Stamp Act, 1959 (for short,

'the Act').

2. I have heard Sri.Muhammed Kabeer E.S., the learned

counsel appearing for the petitioner and Smt.Deepa V., the learned

Government Pleader.

3. The petitioner has a specific case that prior to Ext.P2

notice, no notice or orders under the Act or the Kerala Stamp

(Prevention of Undervaluation of Instruments) Rules, 1968 (for short,

'the Rules') were served to him. The learned Government Pleader

submits that a provisional order and also a final order under the Act

and the Rules were passed after giving due notice and opportunity of

hearing to the petitioner. The learned Government Pleader submits

that, however, the respondents are not in a position to produce the

documents relating to the proceedings initiated against the petitioner WP(C) NO. 28559 OF 2023

2024:KER:75309

under Section 45B of the Act since all the files were misplaced. In

these circumstances, I am of the view that an opportunity has to be

given to the petitioner to file objection to the provisional order.

Thereafter, the respondent No.3 has to pass a final order.

4. For the reasons stated above, this writ petition is disposed

of as follows:

The respondent No.3 is directed to pass a provisional order

under Section 45B of the Act r/w Rule 6 of the Rules and serve the

copy of the same to the petitioner. Thereafter, the petitioner can lodge

her objection to the said provisional order. The respondent No.3

thereafter shall pass a final order determining the value or

consideration, if any, under Rule 7 of the Rules. If the petitioner is

aggrieved by the final order, she is entitled to challenge the same

before the District Court. Ext.P2 shall be kept in abeyance till final

order is passed.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS WP(C) NO. 28559 OF 2023

2024:KER:75309

APPENDIX OF WP(C) 28559/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 13-10- 2004 IN THE NAME OF THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 20-07-2023 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P3 TRUE COPY OF THE REPLY SENT TO THE 3RD RESPONDENT 11-08-2023