High Court of KeralaWP(C)/37712/2015disposed of

Thomas Abraham v. The District Collector

2015-12-14Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 37712 of 2015 (L) ---------------------------- PETITIONER(S):

-------------- THOMAS ABRAHAM S/O ABRAHAM, KOORAMATTOM HOUSE, GANDHI NAGAR P.O, MUDIYOORKKARA KARA, PERUMBAIKKAD VILLAGE, KOTTAYAM DISTRICT BY ADV. SRI.ENOCH DAVID SIMON JOEL RESPONDENT(S):

-------------- 1 THE DISTRICT COLLECTOR COLLECTORATE, KOTTAYAM 686001 2 DISTRICT REGISTRAR GENERAL OFFICE OF THE DISTRICT REGISTRAR GENERAL KOTTAYAM 686001 3 THE ADDITIONAL SUB REGISTRAR OFFICE OF THE SUB REGISTRAR, KOTTAYAM 686001 BY GOVERNMENT PLEADER SRI BIJU MEENATOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 37712 of 2015 (L) ---------------------------- APPENDIX PETITIONER's EXIBITS EXT.P1 :

TRUE COPY OF THE DRAFT OF THE SALE DEED TO BE EXECUTED BY SRO.REJIMON IN FAVOUR OF THE PETITIONER EXT.P2 :

TRUE COPY OF THE GAZETTE NOTIFICATION DATED 23.11.15 AND NUMBERED AS E9(2)-61292/15 ISSUED BY THE 1ST RESPONDENT.

EXT.P3 :

TRUE COPY OF SRO NO.698/2014 DATED 14.11.2014 ISSUED BY THE GOVERNMENT OF KERALA.

RESPONDENT'S EXIBITS:

NIL //TRUE COPY// P.A TO JUDGE vdv

A.MUHAMED MUSTAQUE, J.

===================== W.P(C)No.37712 of 2015 ========================== Dated this the 14th day of December, 2015

JUDGMENT

The fair value of the petitioner's property comprised in ReSy. No.136/3 of Block No.26 of Perumbaikkad Village in Kottayam District was fixed on 23.11.2015. The petitioner when presented document for registration, the registering authority insisted that petitioner shall pay 50% enhanced value on the fair value fixed based on the notification dated 14.11.2014.

2. This Court in several judgments has held that fixation of fair value after the notification of 14.11.14 enhancing 50% cannot be relied in respect of the land in which fair value has been fixed subsequently noting the notification dated 14.11.2014.

3. In that view of the matter, there shall be a direction to the registering authority to register the document based on Ext.P2 dated 23.11.2015 without insisting for enhanced fair value on the instrument.

Sd/- A.MUHAMED MUSTAQUE, JUDGE vdv/14/12/15