Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 16TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943 WP(C) NO. 25347 OF 2021 PETITIONERS: 1 MANOHARAN, S/O DAMODHARAN, PATTALY HOUSE, KANJIRATHODU LANE, P.O.IRINJALAKUDA, THRISSUR-680 121. 2 VYJAYANTHY, W/O MANOHARAN, PATTALY HOUSE, KANJIRATHODU LANE, P.O.IRINJALAKUDA, THRISSUR-680 121. BY ADVS. JOBY JOSEPH (THRISSUR) RAVI KRISHNAN K.VINAYA RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 DISTRICT COLLECTOR, CIVIL STATION, CIVIL LINES ROAD, AYYANTHOLE, THRISSUR DISTRICT-680 003. 3 REVENUE DIVISIONAL OFFICER, RDO OFFICE, 1ST FLOOR, CIVIL STATION, CIVIL LINES ROAD, AYYANTHOLE, THRISSUR DISTRICT-680 003. 4 THE TAHSILDAR (LR), CHEMBUKAVU, THRISSUR DISTRICT-680 020 5 THE VILLAGE OFFICER, THRISSUR VILLAGE, THRISSUR TALUK, PANANCHERRY P.O.THRISSUR DISTRICT, PIN-680 020 BY SMT.K.AMMINIKKUTTY - SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioners have approached this Court with a limited plea that the 2nd respondent - District Collector be directed to take up Exts.P4 and P5 Statutory Appeals filed by them under the provisions of Section 28A of the Stamp Act, against the notification issued by the jurisdictional Revenue Divisional Officer (RDO), fixing the Fair Value for their property.
2. I have heard Smt.Vinaya K. - learned counsel for the petitioners and Smt.K.Amminikutty - learned Senior Government Pleader appearing on behalf of the official respondents.
3. Smt.K.Amminikutty - learned Senior Government
Pleader, submitted that if the petitioners only require Exts.P4 and P5 to be taken up and disposed of by the 2 nd respondent, there is no legal impediment in doing so; but prayed that this Court may not make any affirmative declarations on the entitlement of the petitioners to any relief and leave it to the competent Authority to take a final decision as per law. Taking note of the afore submissions, I order this Writ Petition and direct the 2nd respondent - District Collector to take up Exts.P4 and P5 Statutory Appeals of the petitioners and dispose them of, after affording them an opportunity of being heard; thus culminating in an appropriate order/necessary action thereon as expeditiously as is possible but not later than three months from the date of receipt of a copy of this judgment. Sd/- RR DEVAN RAMACHANDRAN JUDGE APPENDIX OF WP(C) 25347/2021 PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTERED DOCUMENT NO Exhibit P1(A) TRUE COPY OF THE REGISTERED DOCUMENT NO Exhibit P1(B) TRUE COPY OF THE REGISTERED DOCUMENT NO
SRO Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 1ST PETITIONER ISSUED BY THE 4TH RESPONDENT DATED 21.5.2020 Exhibit P2(A) A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 2ND PETITIONER BY THE 4TH RESPONDENT DATED 21.5.2020 Exhibit P3 TRUE COPY OF THE DOCUMENT DOWNLOADED REGISTRATION DEPARTMENT GOVERNMENT OF PROPERTY COMPRISING SURVEY NO 1465 Exhibit P3(A) TRUE COPY OF THE DOCUMENT DOWNLOADED REGISTRATION DEPARTMENT, GOVERNMENT OF PROPERTY COMPRISING SURVEY NO 1466 Exhibit P3(A) TRUE COPY OF THE DOCUMENT DOWNLOADED REGISTRATION DEPARTMENT, GOVERNMENT OF PROPERTY COMPRISING SURVEY NO 1466 Exhibit P4 A TRUE COPY OF THE APPEAL TO THE DISTRICT COLLECTOR, THRISUR SUBMITTED BY THE 1ST PETITIONER DATED 20.2.2020 Exhibit P4(A) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE DISTRICT COLLECTOR, THRISSUR DATED 20.2.2020 Exhibit P5 A TRUE COPY OF THE APPEAL TO THE DISTRICT COLLECTOR, THRISSUR SUBMITTED BY THE 2ND PETITIONER DATED 20.2.2020 Exhibit P5(A) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE DISTRICT COLLECTOR THRISSUR DATED 20.2.2020 Exhibit P6 TRUE COPY OF THE ORDER OF THE DISTRICT
COLLECTOR DATED 12.3.2017 REDUCING THE FAIR VALUE OF THE PROPERTY COMPRISING IN SY NO 1469/5 OF THRISSUR VILLAGE IN THRISSUR TALUK OWNED BY USHA SURENDRAN