This court disposed of a writ petition challenging delay in deciding appeals against land value notifications. The court directed the District Collector to finalize the pending appeals within two months.
Direction to the 3rd respondent to take up and finalize the appeals within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) 13714/2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
WP(C) NO. 13714 OF 2021
PETITIONERS:
ANGAMALLY, ERNAKULAM-683 572.
2 LEELAMMA BABY, AGED 50 YEARS PULIYAN HOUSE, MANGATTUKARA, PULIYANAM P.O, ANGAMALLY, ERNAKULAM-683 572.
BY ADV MEREENA JOSEPH
RESPONDENTS:
SMT AC VIDHYA GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 13714/2021
2
JUDGMENT
Being aggrieved by the notification of land value issued under Section 28A of the Kerala Stamp Act, 1959, the petitioners herein have preferred separate appeals, copies of which have been produced as Exts.P1 and P2, under Section 28A(4) of the Act challenging the fixation of fair value of the properties owned by them. It is contended that the appeals are pending before the 3rd respondent. The petitioners state that though the District Collector is bound to take a decision in an expeditious manner as contemplated under the Stamp (Fixation of Fair Value of Land) Rules, 1995, their fear is that there would be an inordinate delay in considering the same. Their prayer in this petition is for a direction to the 3rd respondent to take up the appeals and dispose of the same in an expeditious manner.
WP(C) 13714/2021
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judgment. Before passing orders, the petitioners shall also be afforded an
opportunity of being heard.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
WP(C) 13714/2021 4
APPENDIX OF WP(C) 13714/2021
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPEAL FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 28.6.2021 Exhibit P2 THE COPY OF THE APPEAL FILED BY THE 2ND PETITIONER DATED 28.6.2021 BEFORE THE 3RD RESPONDENT
RESPONDENTS' EXHIBITS:
1 issue framed by the court
Whether the 3rd respondent shall be directed to dispose of the pending appeals on fixation of land value expeditiously.
2 provisions across 2 enactments
ANITHA SUKUMARAN AND ANR.
STATE OF KERALA
THE DISTRICT COLLECTOR, ERNAKULAM
THE REVENUE DIVISIONAL OFFICER
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
