Martin V J vs The District Registrar (General)
2024 Latest Caselaw 27056 Ker

Kerala High Court

Martin V J vs The District Registrar (General) on 6 September, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C) No. 40639/2023

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
    FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
                         WP(C) NO. 40639 OF 2023

PETITIONER:

           MARTIN V J
           AGED 68 YEARS
           S/O JOSEPH VADASSERY HOUSE,
           KURUPPAMCHIRA ROAD
           ELAMAKKARA P O,, PIN - 682026

           BY ADV P.SAREENA GEORGE


RESPONDENTS:

     1     THE DISTRICT REGISTRAR (GENERAL)
           OFFICE OF THE DISTRICT REGISTRAR ( GENERAL),
           ERNAKULAM,, PIN - 682011
     2     THE SUB REGISTRAR
           OFFICE OF THE SUB REGISTRAR,
           EDAPALLY,, PIN - 682024
           DEEPA V., GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 40639/2023

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                            JUDGMENT

The petitioner claims to be the owner in possession of 2.12 Ares

of land in Survey No.213/5A-14 of Edappally South Village and a

residential building situated therein. The petitioner is challenging

Ext.P3 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 Smt.P.Sareena George, 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.P3

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

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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.2 has to pass a final order.

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

of as follows:

The respondent No.2 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

his objection to the said provisional order. The respondent No.2

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, he is entitled to challenge the same

before the District Court. Ext.P3 shall be kept in abeyance till final

order is passed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

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APPENDIX OF WP(C) 40639/2023

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF SALE DEED BEARING NO. 560/1997 DATED ON 10.02.1997

EXHIBIT P2 A TRUE COPY OF THE ENVELOPE ADDRESSED TO MARTIN, VADASSERY S/O JOSEPH KALOOR, 682017 HAVING SEAL OF OFFICE OF 2ND RESPONDENT

EXHIBIT P3 A TRUE COPY OF NOTICE BEARING FILE NO.

PUV/560/1997 DATED 5-10-2023