High CourtsSingle Bench(2011) 02 KL CK 0121

Kochalan and V.V. Abdul Asees vs State of Kerala, The District Registrar, The Sub Registrar and The District Collector, Collectorate

High Court Of Kerala · Decided on 1 February 2011

HON’BLE JUDGES
Antony Dominic, J
CASE NUMBER
Writ Petition (C) No. 3166 of 2011 (U)

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Judgment

4 paragraphs · 261 words

Antony Dominic, J.—First Petitioner owns properties in Sy. Nos. 404/22 and 404/23 of Aroor village. By Ext.P1 notification, fair value in respect of the property was fixed at the rate of Rs. 8,50,000/- per Are. On an application made by the 1st Petitioner, by Ext.P4, the Additional District Magistrate revised the fair value of the land and refixed the same at Rs. 85000 per Are. While so, the first Petitioner executed Ext.P5 document in favour of the 2nd Petitioner. However, since the fair value revised by Ext.P4 has not been notified so far, the 3rd Respondent refused to register Ext.P5 document. It is complaining of the above, the writ petition is filed.

2.

Going by the provisions of Section 28A of the Kerala Stamp Act, unless the fair value is notified the same cannot be effective. Admittedly, fair value fixed as per Ext.P4 has not been notified so far.

3.

If that be so, this Court cannot find fault with the 3rd Respondent for refusing to register Ext.P5. At this stage, what is required is that, the Additional District Magistrate who has issued Ext.P4, should ensure that the fair value fixed in Ext.P4 is expeditiously notified. This the 4th Respondent shall do as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. Once notification is published, it will be open to the Petitioner to present the original of Ext.P5 for registration before the 3rd Respondent who shall deal with the Ext.P5 document in accordance with law.

Writ petition is disposed of as above.