Quashed

Anish Lal v. the District Collector

Kerala HC19 Jul 2021WP(C)/13397/2021

Case brief

AI extract

What is this about?

Petitioner appealed against fair value fixation; upon registration of revised value and its newspaper publication, the Sub Registrar refused registration citing lack of Gazette notification. The High Court quashed the refusal order. The impugned order was quashed. Petitioner was permitted to register sale deeds based on the revised fair value fixed by the District Collector.

What did the court decide?

Exhibit P5 is quashed; petitioner directed to present original sale deeds for registration on the basis of fair value fixed in Ext.P2 order.

Anish Lal Vs the District Collector — Landlord and Tenant | Kerala HC (2021)

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WP(C) NO. 13397 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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MONDAY, THE 19^TH DAY OF JULY 2021 / 28TH ASHADHA, 1943

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WP(C) NO. 13397 OF 2021

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PETITIONER/S:

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ANISH LAL, AGED 51 YEARS, S/O. GOPI, OLIPARAMBIL HOUSE, KURANCHERY DESOM, MINALUR P.O, THRISSUR DT. 680 581.

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BY ADV SHOBY K.FRANCIS

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE P.O, THRISSUR 680 003

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2 REVENUE DIVISIONAL OFFICER OFFICE OF THE RDO, AYYANTHOLE P.O,. THRISSUR 680 003

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3 TAHSILDAR, TALAPPILLY TALUK, TALUK OFFICE, WADAKKANCHERY P.O, THRISSUR 680 582

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4 VILLAGE OFFICER PARLIKKAD VILLAGE, PARLIKKAD-WADAKKANCHERY GROUP VILLAGE OFFICE, WADAKKANCHERY P.O, THRISSUR 680 582

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5 SUB REGISTRAR, WADAKKANCHERY SUB REGISTRAR OFFICE, WADAKANCHERY P.O, 680 582, THRISSUR.

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6 THE SUPERINTENDENT, GOVT. CENTRAL PRESS, MAHATMA GANDHI ROAD, NEAR SMSM INSTITUTE, STATUE, PALAYAM P.O., THIRUVANANTHAPURAM 695 001

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WP(C) NO. 13397 OF 2021

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SMT. K. AMMINIKUTTY, SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13397 OF 2021

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JUDGMENT

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Being aggrieved by the fixation of fair value in respect of property owned by the petitioner and covered under Ext.P1 deed, the petitioner had approached the 1st respondent and filed an appeal under Section 28A of the Kerala Stamp Act, 1959. By Ext.P2 order dated 26.02.2021, the appeal

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was allowed and the value was refixed at Rs.7500/- per Are. On the strength of Ext.P2 order, the petitioner prepared two sale deeds dated 21.4.2021 and presented the same before the 5th respondent. However, the 5th respondent refused to register the document on the ground that the fair value of the land modified by the District Collector was not published in Gazette in Form No. C. The order of refusal issued by the 5th respondent is Ext.P5. Being aggrieved, the petitioner is before this Court seeking to quash Ext.P5 and also for directing the 5th respondent to register the original of Exts.P3 and P4 as and when the same is presented for registration without insisting for the publication in the official gazette.

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On instructions, the learned Government Pleader submitted that the modified fair value was notified and published in the Official Gazette in Form No.C as early as on 10.03.2021 (Volume 10, No.1150) in compliance of the provisions of the Kerala Stamp (Fixation of Fair Value of Land), 1995.

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WP(C) NO. 13397 OF 2021

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In that view of the matter, Exhibit-P5 passed by the 5th respondent will stand quashed. The petitioner is directed to present the original of Exts.P3 and P4 documents before the 5th respondent who shall register the same on the basis of the fair value fixed as per Ext.P2 order.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV

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WP(C) NO. 13397 OF 2021 5

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APPENDIX OF WP(C) 13397/2021

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PETITIONER(S) EXHIBITS :

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EXHIBIT P1 TRUE COPY OF THE REGISTERED DOCUMENT NO. 2209/1991 DATED 3-08-1991 OF SRO WADAKANCHERY EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 26-2-2021 IN DCTSR/566/2019/B2 EXHIBIT P3 TRUE COPY OF THE DOCUMENT DATED 21-04-2021 PRESENTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT FOR THE REGISTRATION IN FAVOUR OF PRAKASAN EXHIBIT P4 TRUE COPY OF THE DOCUMENT DATED 21-04-2021 PRESENTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT FOR THE REGISTRATION IN FAVOUR OF PUSHKARAN. EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS DATED 23-042021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

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RESPONDENT(S) EXHIBITS : NIL

Anish Lal v. the District Collector

Case brief

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Anish Lal v. the District Collector

Case brief

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