IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 3166 of 2011(U) ------------------------- PETITIONER(S): --------------- 1. KOCHALAN @ KOCHAL, S/O.KANNAN, AGED 73 YEARS, KURIYANTHARA, PADIJAREKALAM, AROOR P.O. ALAPPUZHA DIST, PIN - 688 534. 2. V.V.ABDUL ASEES, S/O.MUHAMMED, AGED 52 YEARS, VALIYAVALAPPIL HOUSE, PARAVANNOOR, KALPAKAMCHERRY P.O., MALAPPURAM DIST, PIN -676 551 BY ADV. SRI.P.A.ABDUL JABBAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE REGISTRATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -695001 2. THE DISTRICT REGISTRAR, OFFICE OF THE DISTRICT REGISTRAR, ALAPPUZHA, PIN -688001 3. THE SUB REGISTRAR, SUB REGISTRY OFFICE, KUTHIATHODU, ALAPPUZHA DIST, PIN -683 594 4. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPUZHA, PIN -688 001. BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P (C) No. 3166 of 2011 -------------------------- Dated this the 1st February, 2011 J U D G M E N T 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 `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 `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 28 A 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 W.P (C) No. 3166 of 2011 2 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. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge