High CourtsSingle Bench(2021) 07 KL CK 0216

Anish Lal vs District Collector, Collectorate, Ayyanthole P.O, Thrissur 680 003

High Court Of Kerala · Decided on 19 July 2021

HON’BLE JUDGES
Raja Vijayaraghavan V, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 13397 Of 2021

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Judgment

13 paragraphs · 278 words

Raja Vijayaraghavan V, J

1.

Being aggrieved by the fixation of fair value in respect of property owned by the petitioner and covered under Ext.P1 deed, the petitioner had

approached the 1st respondent and filed an appeal under Section 28A of the Kerala Stamp Act, 1959. By Ext.P2 order dated 26.02.2021, the appeal

was allowed and the value was refixed at Rs.7500/- per Are. On the strength of Ext.P2 order, the petitioner prepared two sale deeds dated 21.4.2021

and presented the same before the 5th respondent. However, the 5th respondent refused to register the document on the ground that the fair value of

the land modified by the District Collector was not published in Gazette in Form No. C. The order of refusal issued by the 5th respondent is Ext.P5.

Being aggrieved, the petitioner is before this Court seeking to quash Ext.P5 and also for directing the 5th respondent to register the original of Exts.P3

and P4 as and when the same is presented for registration without insisting for the publication in the official gazette.

2.

On instructions, the learned Government Pleader submitted that the modified fair value was notified and published in the Official Gazette in Form

No.C as early as on 10.03.2021 (Volume 10, No.1150) in compliance of the provisions of the Kerala Stamp (Fixation of Fair Value of Land), 1995.

In that view of the matter, Exhibit-P5 passed by the 5th respondent will stand quashed. The petitioner is directed to present the original of Exts.P3 and

P4 documents before the 5th respondent who shall register the same on the basis of the fair value fixed as per Ext.P2 order.

This writ petition is disposed of.