Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH DAY OF DECEMBER 2012 28TH AGRAHAYANA 193 WP(C).No. 29950 of 2012 (P) --------------------------- PETITIONER(S): -------------------------- JOSE MATHEW, S/O.MATHAI, EDAKKATTUKUDIYIL HOUSE, THRIKKARIYUR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADVS.SRI.R.RAMADAS SRI.T.SIVADASAN RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM”
001. 2. THE DISTRICT COLLECTOR, IDUKKI -68”
3. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT”
613. 4. THE VILLAGE OFFICER, PALLIVASAL VILLAGE, DEVIKULAM TALUK -68”
5. THE SUB REGISTRAR, SUB REGISTRAR'S OFFICE, DEVIKKULAM, PIN -685 613 R1 TO R5 BY GOVERNMENT PLEADER SMT.SUSHEELA BHAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.29950/2012 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AGREEMENT OF SALE DATED 19 03/2012 P2 COPY OF THE POSSESSION AND NON-ATTACHMENT CERTIFICATE IN RESPECT OF 5.97.06 HECTARES OF LAND COMPRISED IN SY.NO.113/1-5 OF PALLIVASAL VILLAGE ISSUED BY THE 4TH RESPONDENT VIZ,VILLAGE OFFICER, PALLIVASAL VILLAGE. P2(A) COPY OF THE LOCATION SKETCH IN RESPECT OF 5.97.06 HECTARES OF LAND COMPRISED IN SY.NO.113/1-5 OF PALLIVASAL VILLAGE ISSUED BY THE 4TH RESPONDENT VIZ, VILLAGE OFFICER, PALLIVASAL VILLAGE. P3 COPY OF THE POSSESSION AND NON-ATTACHMENT CERTIFICATE IN RESPECT OF 5.97.06 HECTARES OF LAND COMPRISED IN SY.NO.113/1-4 OF PALLIVASAL VILLAGE ISSUED BY THE 4TH RESPONDENT VIZ, VILLAGE OFFICER, PALLIVASAL VILLAGE. P3(A) COPY OF THE LOCATION SKETCH IN RESPECT OF 5.97.06 HECTARES OF LAND COMPRISED IN SY.NO.113/1-4 OF PALLIVASAL VILLAGE ISSUED BY THE 4TH RESPONDENT VIZ, VILLAGE OFFICER, PALLIVASAL VILLAGE. P4 COPY OF THE POSSESSION AND NON-ATTACHMENT CERTIFICATE IN RESPECT OF 5.97.06 HECTARES OF LAND COMPRISED IN SY.NO.113/1-3 OF PALLIVASAL VILLAGE ISSUED BY THE 4TH RESPONDENT VIZ, VILLAGE OFFICER, PALLIVASAL VILLAGE P4(A) COPY OF THE LOCATION SKETCH IN RESPECT OF 5.97.06 HECTARES OF LAND COMPRISED IN SY.NO.113/1-3 OF PALLIVASAL VILLAGE ISSUED BY THE 4TH RESPONDENT VIZ, VILLAGE OFFICER, PALLIVASAL VILLAGE. P5 COPY OF THE POSSESSION AND NON-ATTACHMENT CERTIFICATE IN RESPECT OF 4.73.00 HECTARES OF LAND COMPRISED IN SY.NO.113/1-1 OF PALLIVASAL VILLAGE ISSUED BY THE 4TH RESPONDENT VIZ,VILLAGE OFFICER, PALLIVASAL VILLAGE. P5(A) COPY OF THE LOCATION SKETCH IN RESPECT OF 4.73.00 HECTARES OF LAND COMPRISED IN SY.NO.113/1-1 OF PALLIVASAL VILLAGE ISSUED BY THE 4TH RESPONDENT VIZ,VILLAGE OFFICER, PALLIVASAL VILLAGE. P6 COPY OF THE POSSESSION AND NON-ATTACHMENT CERTIFICATE IN RESPECT OF 07-79-43 HECTARES OF LAND COMPRISED IN SY.NO.136/2 OF PALLIVASAL VILLAGE ISSUED BY THE 4TH RESPONDENT VIZ, VILLAGE OFFICER, PALLIVASAL VILLAGE P6(A) COPY OF THE LOCATION SKETCH IN RESPECT OF 07-79-43 HECTARES OF LAND COMPRISED IN SY.NO.136/2 OF PALLIVASAL VILLAGE ISSUED BY THE 4TH RESPONDENT VIZ, VILLAGE OFFICER, PALLIVASAL VILLAGE. P7 COPY OF THE RELEVANT PORTION OF THE SCHEDULE TO THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT. P8 COPY OF THE APPEAL IN FORM B TO THE DISTRICT COLLECTOR, IDUKKI BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ sts P.A.TO.JUDGE T.R. RAMACHANDRAN NAIR, J.
--------------------------------------- W.P.(C) No.29950 OF 201.--------------------------------------- Dated this the 19th day of December, 2012. JUDGMENT
The petitioner has approached this Court seeking for a direction to the 2nd respondent to consider and pass orders on Ext.P8 appeal within a time limit to be fixed by this Court.
2. The property involved is a cardamom plantation having 73.03 Acres in various survey numbers in Devikulam Taluk. The owners of the plantations have negotiated with the petitioner for disposal of the same and Ext.P1 is a copy of the agreement executed. It is stated that the petitioner has paid Rs.1.1 Crores as advance sale consideration.
3. The dispute herein is with regard to stamp duty payable. The averments in paragraph 3 of the writ petition is that the date for execution of sale is extended till 19.12.2012. Exts.P2 to P6(a) are the documents like possession certificate, non attachment certificate etc. The fair value has been fixed by the 3rd respondent as Rs.42,500/- per Are which was made under W.P.(C) No.29950/2012 2 Section 28A of the Kerala Stamp Act. Ext.P7 is a copy of the schedule. The value thus fixed and notified is disputed for which an appeal is filed as per Ext.P8. Learned counsel for the petitioner prayed for a direction to the 2nd respondent to take a decision in the appeal in the shortest possible time in the light of the urgency shown by the petitioner.
4. Learned Government Pleader on getting instructions submits that if this Court directs the 2nd respondent to take a decision within a time frame, the same will be adhered. In the light of the above, the petitioner will be heard on 27.12.2012 (F.N) by the 2nd respondent and no further notice need be issued to the petitioner. Appropriate decision will be taken after hearing the petitioner expeditiously, at any rate, within a period of one month from today. The petitioner will produce a certified copy of the judgment. This writ petition is disposed of as above. Sd/-(T.R. RAMACHANDRAN NAIR) JUDGE smp