Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.R. RAMACHANDRA MENON FRIDAY, THE 2ND DAY OF AUGUST 2013 11TH SRAVANA, 1935 WP(C). No. 19216 of 2013 (B) ---------------------------- PETITIONER: ------------------ BABU OUSEPH, AGED 5 YEARS S/O. KOCHAPPU, MADATHUMKUDI HOUSE, ANGAMALY-683 572. BY ADV. SRI. AVANEESH KOYIKKARA RESPONDENTS: ----------------------- 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-695 033.
3. THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULAM-682 030.
4. THE REVENUE DIVISIONAL OFFICER FORT KOCHI-682 001.
5. THE TAHSILDAR MINI CIVIL STATION, ALUVA-683 101. BY SENIOR GOVERNMENT PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19216 of 2013 (B) APPENDIX PETITIONER'S EXHIBITS:- ----------------------------------- EXHIBIT P1 : COPY OF THE APPEAL IN FORM 'B' FILED BY THE PETITIONER AND THE RECEIPT. RESPONDENTS' EXHIBITS:- NIL -------------------------------------- //TRUE COPY// P.A. TO JUDGE sp P.R. RAMACHANDRA MENON J.
------------------------------------ W.P.(C) No. 19216 of 2013 ----------------------------------- Dated this the 2nd day of August, 2013. JUDGMENT Petitioner is the owner of 02.67, 01.08, 00.09 Ares of property in Block No.11, Resurvey No.23/2, 6/3, 23/4 respectively of Angamaly Village. It is stated that by virtue of the frustrating pecuniary circumstances, the petitioner has decided to dispose of his property. But nobody is coming forward, referring to the 'exorbitant fair value' fixed and the stamp duty liable to be paid. According to the petitioner, the property is having much lesser value than the 'fair value' and as such, he has already preferred Ext.P1 appeal in the prescribed form, against the fixation of 'fair value' and that the same is pending consideration before the 3rd respondent. The prayer is only to cause it to be considered and disposed of within a reasonable time.
2. Heard the learned Government Pleader as well.
3. The learned Government Pleader appeared on behalf of the respondents submits that, the proceedings filed from the part of the petitioner appear to be belated. The learned counsel for the petitioner submits that there is no delay at all, W.P.(C) No. 19216 o”
2. and that the proceedings have already been accepted as borne by the receipt issued in this regard. It is also submitted that, the petitioner is ready to file a petition with an affidavit seeking for condonation of delay, if at all any.
4. After hearing both the sides, this Court does not propose to go into the merits of the case. The 3rd respondent is directed to consider and pass appropriate orders on Ext.P1 appeal preferred by the petitioner, after hearing, in accordance with law, within 'two months' from the date of receipt of a copy of this judgment.
5. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 3rd respondent for further steps. If the grievance of the petitioner stands redressed necessitating any change in the 'fair value', the same shall be caused to be published in the Gazette, taking necessary steps without any further delay. P.R. RAMACHANDRA MENON JUDGE sp