Judgment

Document Number: WP(C) No. 5495 OF 2021
Authority Name: HC of Kerala
Relevant Section: Kerala Stamp Act, 1959
Document Date: 07/29/2021
19978-WP(C) NO. 5495 OF 2021.pdf

Fair Value-Document kept pending for reason fair value has not been shown-Held that the petitioner has to file an appeal against the order of the SR (Ext.P6) within a time frame and there can be a direction to the District Collector to consider the appeal also, within a time frame.

Fair Value-Document kept pending for reason fair value has not been shown-Held that the petitioner has to file an appeal against the order of the SR (Ext.P6) within a time frame and there can be a direction to the District Collector to consider the appeal also, within a time frame.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 WP(C) NO. 5495 OF 2021 PETITIONER/S: PRAVEEN P.T. AGED 33 YEARS S/O. THAMBAN P., PLAKKADAN HOUSE, KARIYAKKARA, EDAVARAMBA P.O., PAYYANNUR THALUK, KANNUR DISTRICT, PIN-670511. BY ADVS. ZUBAIR PULIKKOOL SRI.P.S.BINU RESPONDENT/S: 1 THE SUB REGISTRAR SUB REGISTRAR'S OFFICE, PAYYANNUR, PAYYANNUR P.O., PAYYANNUR THALUK, KANNUR DISTRICT, PIN-670307. 2 ADDL.R2. THE DISTRICT COLLECTOR KANNUR. (ADDL.R2 IS SUO MOTU IMPLEADED AS PER ORDER DATED 29-07-2021). BY ADV GOVERNMENT PLEADER OTHER PRESENT: SMT.SHEEJA.C.S., GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 5495 OF 2021 2 P.V.KUNHIKRISHNAN, J -------------------------------------------- W.P.(C.) No.5495 of 2021 -------------------------------------- Dated this the 29th day of July, 2021 JUDGMENT The above writ petition is filed with the following prayers : “(i) To issue writ of mandamus or such other writ or direction directing the respondent to register the Ext.P1 Jenm Assignment Deed. (ii) To declare the reasons highlighted in Exhibit P6 reply issued by the respondent is ultra virus and unsustainable. (ii)(a) To issue a writ of certiorari or such other writ or direction to quash Exhibit P6. (iii) To pass such other order or direction which this Hon'ble Court deems fit to pass in the circumstances of the case. Prayer ii(a) incorporated as per order dtd 22.3.21 in IA 1/21 in WP(C).” 2. Ext.P6 is an order passed by the Sub-Registrar, Payyannur under Sec. 45(A)(3) of the Kerala Stamp Act, 1959. According to the petitioner, the order passed by the Sub-Registrar is illegal and it is not an order under Sec. 45(A) (3) of the Stamp Act. The Government Pleader submitted that since it is an order under Sec.45A(3) of the Kerala Stamp Act, an appeal is maintainable before the District Collector, as per WP(C) NO. 5495 OF 2021 3 sec.45(A)(4). 3. After hearing both sides, I think the petitioner can be given liberty to file an appeal against Ext.P6 within a time frame and there can be a direction to the District Collector to consider the appeal also, within a time frame. The counsel for the petitioner submitted that the petitioner is an army officer and he wants to register the document immediately. The District Collector will consider the same and will dispose the appeal, as expeditiously as possible. Therefore, this writ petition is disposed in the following manner : 1) The petitioner is free to file an appeal against Ext.P6 order within two weeks from the date of receipt of a copy of this judgment to the additional 2nd respondent. 2) The additional 2nd respondent is directed to consider the appeal, in accordance to law, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of the appeal. 3) All the contentions of the petitioner in the writ WP(C) NO. 5495 OF 2021 4 petition are left open. The petitioner is free to produce a copy of the writ petition also along with the copy of the judgment before the additional 2nd respondent SD/- P.V.KUNHIKRISHNAN JUDGE SKS

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