Allowed

Sherborne Builders and Properties Private Limited v. State of Kerala

Kerala HC6 Dec 2018WP(C)/39718/2018

Case brief

AI extract

What is this about?

The Court set aside the impugned final orders regarding undervaluation of properties. The matter was remitted to the District Registrar to follow Rule 4 of the Kerala Stamp Rules, passing a formal provisional order detailing the valuation basis and granting a hearing opportunity to the petitioner.

What did the court decide?

Impugned Exts.P7 and P8 orders set aside; matters remitted to 2nd respondent for fresh consideration following Rule 4 procedure with an opportunity of hearing.

Sherborne Builders and Properties Private Limited Vs State… — Property and Title | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

THURSDAY ,THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940

¶5

WP(C).No. 39718 of 2018

¶6

PETITIONER/S:

¶7

SHERBORNE BUILDERS AND PROPERTIES PRIVATE LIMITED DOOR NO.XI/137 A, PADAMUGAL, THRIKKAKKARA P.O., VAZHAKALA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT PIN-682021, REPRESENTED BY ITS DIRECTOR SABU KURIAN, S/O. K.T.KURIAN, KINATTUKARA HOUSE, EDAPALLY SOUTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN-682028.

¶8

BY ADVS. SRI.M.T.BALAN SRI.B.JAYABAL

¶9

RESPONDENT/S:

¶10

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM,PIN695001.

¶11

2 THE DISTRICT REGISTRAR (GENERAL/COLLECTOR) ALAPPUZHA DISTRICT, PIN-688001.

¶12

3 THE SUB-REGISTRAR, SUB REGISTRAR OFFICE, PATTANNAKKAD, ALAPPUZHA DISTRICT,PIN-688531.

¶13

4 THE INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR, THIRUVANANTHAPURAM-695035.

¶14

OTHER PRESENT:

¶15

SMT.A.C.VIDHYA,GOVT.PLEADER

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

W.P.(C)No.39718/2018

¶18

¶19

ALEXANDER THOMAS, J.

¶20

W.P.(C) No.39718 of 2018

¶21

JUDGMENT

¶22

The main prayer in the above writ petition

¶23

(Civil) is as follows:

¶24

“i) Issue a writ of certiorari or other appropriate writ, order calling for the records leading to Ext.P7 and Ext.P8 final orders and quash Ext.P7 and Ext.P8 final orders issued by the 2^nd repsondent. ”

¶25

2. Heard Sri. M.T. Balan, the learned counsel appearing for the petitioner and Smt. A.C. Vidhya, the learned Government Pleader appearing for the respondents.

¶26

3. After hearing both sides and taking note of the factual aspects in this case, this Court is of the considered view that the matter in issue is covered in favour of the petitioner on the basis of dictum laid down by this Court in various cases as

¶27

in the judgment dated 1.10.2018 in W.P.(C)No.31917/2018, and the decisions of this

¶28

Court in State of Kerala v. Jino Joseph

¶29

reported in 2012 (2) KLT 265, The District

¶30

W.P.(C)No.39718/2018

¶31

¶32

Registrar v. Lake Paradise reported in 2001 (3) KLT 521 etc. Accordingly, it is ordered that the directions and orders issued by this Court in the judgment dated 1.10.2018 in

¶33

W.P.(C)No.31917/2018 will regulate this case as well. Accordingly, it is ordered that the impugned Exts.P7 and P8 orders are set aside and the matters in relation to Exts.P3 and P4 notices will stand remitted to the 2^nd respondent District Registrar for consideration afresh. The 2^nd respondent will meticulously follow the procedure in Rule 4 of the Kerala Stamp (Prevention of Undervaluation of Instruments), Rules 1968 and should pass and communicate a formal provisional order giving the material basis of his conclusion in Exts.P3 and P4 notices as to how he has arrived at the alleged higher values of the properties concerned. This may be done within six weeks from the date of receipt of a copy of this judgment. Thereafter, the petitioner may send a reply thereto within three weeks on receipt of such provisional order

¶34

W.P.(C)No.39718/2018

¶35

¶36

under Rule 4 along with supporting document. Thereafter the 2^nd respondent District Registrar will grant a reasonable opportunity of being heard

¶37

to the petitioner either in person or through authorized representative/counsel, if any and then should advert to the contention of the petitioner and should pass fresh orders in the above said matters. The entire process in this regard may be duly completed by the 2^nd respondent District Registrar, without much delay preferably within a period of 3 to 4 months from the date of production of a certified copy of this judgment. For the sake of clarity, it is ordered that the Registry will

¶38

place a copy of the judgment dated 1.10.2018 rendered by this Court in W.P.(C)No. 31917/2018 as appendix to this judgment.

¶39

With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

¶40

Sd/-

¶41

ALEXANDER THOMAS, JUDGE

acd

W.P.(C)No.39718/2018

APPENDIX

PETITIONER'S/S EXHIBITS:

¶47

EXHIBIT P1	THE TRUE COPY OF THE SALE DEED NO.1810/2012 DATED 28.11.2012 OF THE PETITIONER REGISTERED BEFORE THE 3RD RESPONDENT.
EXHIBIT P2	THE TRUE COPY OF THE SALE DEED NO.1772/2012 DATED 22.11.2012 OF THE PETITIONER REGISTERED BEFORE THE 3RD RESPONDENT.
EXHIBIT P3	THE TRUE COPY OF THE NOTICE OF UNDERVALUATION ADALATH DATED 15.1.18 AS PER PROCEEDINGS NO.P.U.V 1810/2012 ISSUED BY THE 2ND RERSPONDENT.
EXHIBIT P4	THE TRUE COPY OF THE NOTICE OF UNDERVALUATION ADALATH DATED 15.1.18 AS PER PROCEEDINGS NO.P.U.V 1772/2012 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5	THE TRUE COPY OF THE LAWYER NOTICE DATED 8.3.2018 ISSUED TO THE 2ND RESPONDENT.
EXHIBIT P6	THE TRUE COPY OF THE FAIR VALUE CERTIFICATE DATED 14.11.18 ISSUED BY THE VILLAGE OFFICER, THURAVOOR SOUTH, ALLEPPEY DISTRICT.
EXHIBIT P7	THE TRUE COPY OF THE FINAL ORDER NO.1810/2012 DATED 8.10.2018 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER WITH RESPECT TO EXHIBIT P1 SALE DEED.
EXHIBIT P8	THE TRUE COPY OF THE FINAL ORDER NO.1772/2012 DATED 8.10.2018 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER WITH RESPECT TO EXHIBIT P2 SALE DEED.

¶48

AS PER THE DIRECTION, THE JUDGMENT DATED 1.10.2018 IN W.P. (C)NO.31917/2018 IS APPENDED.

¶49

TRUE COPY

¶50

P.S. TO JUDGE.

¶51

W.P.(C)No.39718/2018 6

Sherborne Builders and Properties Private Limited v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sherborne Builders and Properties Private Limited v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

K.P. Sasidharan Vs State of Kerala

Baby Sarojam Vs the State of Kerala

Nandanan Vs State of Kerala

P.v.Ashraf, Vs Registrar of Societies

Sajitha, Vs the Land Tribunal

M/S. Five Star Agro Foods Private Ltd. Vs State of Kerala