IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3166 of 2011(U)
1. KOCHALAN, S/O.KANNAN, AGED 73 YEARS,
... Petitioner
2. V.V.ABDUL ASEES, S/O.MUHAMMED, AGED 52
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DISTRICT REGISTRAR, OFFICE OF
3. THE SUB REGISTRAR, SUB REGISTRY OFFICE,
4. THE DISTRICT COLLECTOR, COLLECTORATE,
For Petitioner :SRI.P.A.ABDUL JABBAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :01/02/2011
O R D E R
ANTONY DOMINIC, J.
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W.P (C) No. 3166 of 2011
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Dated this the 1st February, 2011
J U D G M E N T
First petitioner owns properties in Sy. Nos.404/22
and 404/23 of Aroor village. By Ext.P1 notification, fair
value in respect of the property was fixed at the rate of
`8,50,000/- per Are. On an application made by the 1st
petitioner, by Ext.P4, the Additional District Magistrate
revised the fair value of the land and refixed the same at
`85000 per Are. While so, the first petitioner executed
Ext.P5 document in favour of the 2nd petitioner.
However, since the fair value revised by Ext.P4 has not
been notified so far, the 3rd respondent refused to
register Ext.P5 document. It is complaining of the above,
the writ petition is filed.
2. Going by the provisions of Section 28 A of the
Kerala Stamp Act, unless the fair value is notified the
same cannot be effective. Admittedly, fair value fixed as
per Ext.P4 has not been notified so far.
3. If that be so, this Court cannot find fault with
the 3rd respondent for refusing to register Ext.P5. At this
W.P (C) No. 3166 of 2011
2
stage, what is required is that, the Additional District
Magistrate who has issued Ext.P4, should ensure that the
fair value fixed in Ext.P4 is expeditiously notified. This the
4th respondent shall do as expeditiously as possible, at any
rate, within four weeks of production of a copy of this
judgment. Once notification is published, it will be open to
the petitioner to present the original of Ext.P5 for
registration before the 3rd respondent who shall deal with
the Ext.P5 document in accordance with law.
Writ petition is disposed of as above.
Sd/-
ANTONY DOMINIC
JUDGE
ma
/True copy/
P.A to Judge