High Court of KeralaWP(C)/9916/2015disposed of

Abraham Thomas v. State Of Kerala

2015-03-27Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 WP(C).No. 9916 of 2015 (L) --------------------------- PETITIONER:

------------------- ABRAHAM THOMAS, AGED 83 YEARS, S/O.THOMAS, THELAPPILLY HOUSE, ANGAMALY P.O ERNAKULAM DIST PIN 683572.

BY ADVS.SRI.AVANEESH KOYIKKARA SRI.TONY THOMAS (INCHIPARAMBIL) RESPONDENT(S):

--------------------------

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM 695 001

2. THE LAND REVENUE COMMISSIONER, COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JN, THIRUVANANTHAPURAM - 33.

3. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM 682 030.

4. THE REVENUE DIVISIONAL OFFICER,FORT KOCHI 682 001.

5. THE SUB REGISTRAR, ANGAMALY 683572 R1 TO R5 BY GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

vmr.

WP(C).No. 9916 of 2015 (L) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 - THE TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER AND RECEIPT ISSUED BY THE 3RD RESPONDENT.

EXHBIIT P2 - THE TRUE COPY OF THE JUDGMENT IN WPC 21488 OF 2014 DATED 19-08-2014.

RESPONDENT(S)' EXHIBITS :

NIL --------------------------------------- /TRUE COPY/ P.A.TO JUDGE vmr.

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 9916 of 2015 ------------------------------------------- Dated this the 27th day of March, 2015

J U D G M E N T

The petitioner is the absolute owner of the property in Survey No.542/ 16-8, in block No.11 of Angamaly Village. Petitioner has filed an appeal before the third respondent/District Collector in the matter relating to fixation of fair value for the aforementioned plot. Petitioner wants to dispose the property. The limited contention of the petitioner is that the registering authority has to register the document under protest, subject to final fixation of fair value of the property in the appeal. 2.

Heard the learned Government Pleader as well. 3.

In view of the above, there shall be a direction to the 5th respondent/Sub Registrar to register the document executed by the petitioner in respect of the aforementioned property under protest, in accordance with the fair value fixed, in respect of the above property. It is made clear that registration of the document based on fair value already fixed is subject to final disposal of the appeal by the competent authority. If the appeal is disposed of reducing the present fair value, necessarily, the competent

WP(c). No.9916 of 2015 authority shall refund the excess amount paid on the document to the person who paid the stamp duty and corresponding registration fee. In view of pendency of Ext.P1 appeal before the 3rd respondent/District Collector, Ernakulam, there shall be a direction to the 3rd respondent/District Collector, to dispose of the appeal after affording an opportunity to the petitioner of being heard within 'two months' from the date of receipt of a copy of this judgment.

The writ petition is disposed of. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps. Sd/- P.R. RAMACHANDRA MENON, JUDGE.