IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 18417 of 2011(B) --------------------------------------- PETITIONER(S): ----------------------- GEORGE JOSEPH, AGED 46 YEARS, SON OF JOSEPH, RESIDING AT KARINGOZHAKKAL HOUSE, P.O. EZHACHERRY, PALA, NOW RESIDING AT P.O. PULIYANNUR, PALA, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.JOHN JOSEPH VETTIKAD RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM-686 001. 2. THE DEPUTY COLLECTOR (LR), COLLECTORATE, KOTTAYAM-686 001. 3. THE REVENUE DIVISIONAL OFFICER, PALA-686 575. 4. THE VILLAGE OFFICER, VELLILAPPILLY VILLAGE, RAMAPURAM P.O., 686 576. R1 TO R4 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 18417 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION NO.K 13430/08 DATED 14/12/2009. EXT.P2: COPY OF THE APPEAL DATED 09/06/2010 FILED UNDER RULES 5 OF THE KERALA STAMP (FIXATION OF FAIR VALUE OF LAND) RULES BEFORE THE DISTRICT COLLECTOR, KOTTAYAM. EXT.P3: COPY OF THE LETTER DATED 28/09/2010 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KOTTAYAM. EXT.P4: COPY OF THE LETTER DATED 14/12/2010 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KOTTAYAM, UNDER THE RIGHT TO INFORMATION ACT. EXT.P5: COPY OF THE NOTICE DATED 12/01/2011. EXT.P6: COPY OF THE LETTER DATED 19/01/2011 SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY COLLECTOR (LR), KOTTAYAM. EXT.P7: COPY OF THE LETTER DATED 27/04/2011 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR (LR), KOTTAYAM. EXT.P8: COPY OF THE LETTER DATED 03/06/2011 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KOTTAYAM. EXT.P9: COPY OF THE ORDER NO.E9(2)-30086/10 DATED 03/06/2011 OF THE DISTRICT COLLECTOR, KOTTAYAM. EXT.P10: COPY OF THE POSTAL COVER WHICH BEARS THE SEAL OF THE DATE OF POSTING AS 10/06/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18417 OF 2011 ----------------------------------------------------- Dated this the 7th day of July, 2011 J U D G M E N T Challenge in this writ petition is against Ext.P9, an order passed by the first respondent disposing of an appeal filed by the petitioner u/s 28A of the Stamp Act. 2. Facts of the case are that aggrieved by the fair value fixed in respect of the property of the petitioner situated in R.Sy.No.403/1 in plot No.24 of Vellilappilly Village, the petitioner filed Ext.P2 appeal before the first respondent. In paragraph 3 of the writ petition it is stated that by notice dated 12.1.2011 the petitioner was called upon to appear before the Deputy Collector (LR) Kottayam at his camp sitting at Taluk Office, Pala for hearing on 18.1.2011. It is also averred that the said notice was sent in the old address W.P.(C) No. 18417 OF 2011 :2 : of the petitioner and that the same was redirected and reached the petitioner only on 19.1.2011. 3. According to the petitioner immediately on receipt of notice he went to the office of Deputy Collector to represent his case but however due to the absence of the officer, petitioner could not meet him. He thereafter made Exts.P6 and P7 representations for affording him an opportunity of hearing, but Ext.P9 order was passed rejecting the appeal. It is in these circumstances the writ petition is filed challenging Ext.P9. 4. From the averments in the writ petition it is thus obvious that the order was passed without affording the petitioner an opportunity of hearing. Since the order is thus passed in violation of the principles of natural justice, I am inclined to set aside the order and direct the first respondent to consider Ext.P2 appeal with notice to the parties and pass fresh orders. W.P.(C) No. 18417 OF 2011 :3 : Therefore Ext.P9 order is set aside and the writ petition is disposed of directing the first respondent to consider Ext.P2 application with notice to the petitioner as expeditiously as possible at any rate within 8 weeks from the date of receipt of a copy of this judgment. 5. The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the concerned authority for appropriate action. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge