Dr. Satish K. Joseph v. The District Collector, Ernakulam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 WP(C).No. 269 of 2015 (G) ------------------------------------ PETITIONER(S):

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1. DR. SATISH K. JOSEPH, KANJIRATHINKAL HOUSE, MDC ROAD, MANGANAM P.O. KOTTAYAM.

2. DR.TESSY MATHEW KANJIRATHINKAL HOUSE, MDC ROAD, MANGANAM P.O. KOTTAYAM.

BY ADVS.SRI.P.RAMAKRISHNAN SRI.PRATAP ABRAHAM VARGHESE RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, ERNAKULAM COLLECTORATE, CIVIL STATION, KAKKANAD KOCHI - 682 030.

2. THE SUB COLLECTOR OFFICE OF THE SUB COLLECTOR, FORT KOCHI KOCHI - 682 001.

3. THE TAHSILDAR KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM KOCHI - 682 018.

4. THE VILLAGE OFFICER, THRIKKAKARA NORTH VILLAGE, THRIKKAKARA P.O.

KOCHI - 682 021.

BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 269 of 2015 (G) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF REGISTERED DEED NO. 4111/2008 DATED 22/09/2008. EXHIBIT P2:

TRUE COPY OF RECEIPT OF LAND TAX FOR THE PERIOD 2014 - 15 ISSUED BY THE VILLAGE OFFICER, THRIKKAKARA NORTH, DATED 3/12/14 EXHIBIT P3:

TRUE COPY OF APPLICATION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 02/12/2014.

EXHIBIT P4:

TRUE COPY OF REPORT SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT DATED 05/12/14.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.R. RAMACHANDRA MENON, J.

----------------------------------- W.P(C). No. 269 of 2015 ------------------------------------------- Dated this the 6th day of January, 2015

J U D G M E N T

The grievance of the petitioners is with regard to the fixation of fair value of the property belonging to them, which has been wrongly shown as 'Government Land' with a value of Re.1/-. In fact the petitioners purchased the property as per Ext.P1 Sale Deed No.4111/2008 dated 22.9.2008 SRO, Edappally for a total sale consideration of Rs.8,38,800/-. They are enjoying the property also remitting the tax as borne by Ext.P2. In the meanwhile, the petitioners came across the fact that property has been shown as 'Government Land' in the 'Fair Value Register' as aforesaid, which made them to file Ext.P3 appeal before the 1st respondent for causing necessary corrections to be effected. The 4th respondent has already submitted a report before the 2nd respondent vide Ext.P4 on 05.12.2014, wherein the apparent mistake stands conceded. The prayer is to cause Ext.P3 to be considered and finalized in the light of Ext.P4 within a reasonable time.

2.

Heard the learned Government Pleader as well.

WP(c). No.269 of 2015 3.

After hearing both the sides, the writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P3 in the light of Ext.P4 and such other relevant materials, if any. It shall be done, after affording an opportunity of hearing to the petitioners, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.

4.

Once an order is passed by the 1st respondent as above, the same shall be caused to be notified in the 'Government Gazette' as expeditiously as possible, in accordance with law, without any further delay.

The petitioners shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.

Pn