IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 27681 of 2003(U) -------------------------- PETITIONER(S): --------------- SUBHA, KALARIYIL VEEDU, MAYYANADU, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENT(S): --------------- 1. M.ALEXANDER, MUKALUVILA PRINCE BUNGLOW KIZHALLETHERUVU, KOTTARAKKARA. 2. R.SASANKAN PILLAI, MANGALAPPALLI VEEDU, PANAYANCHERI, ANCHAL. 3. L.K.JOHNSON, SIBI VILLA, ODAMAVATTAM. ADV. SRI.C.RAJENDRAN GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE PLAINT IN O.S.NO.99/1997 ON THE FILE OF THE SUB COURT, KOLLAM DATED 30-5-1997 EXT.P2 TRUE COPY OF THE APPLICATION FOR AMENDMENT FILED BY THE PETITIONER IN EXT.P1 SUIT DATED NIL. EXT.P3 TRUE COPY OF I.A.NO.1292/2003 FILED BY THE RESPONDENTS IN EXT.P1 SUIT DATED 26-3-2003 EXT.P4 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO EXT.P3 PETITION DATED 11-6-2003 EXT.P5 TRUE COPY OF THE ORDER PASSED BY THE SUB COURT, KOLLAM IN I.A.NO.1292/2003 IN O.S.NO.99/1997 DATED 4-8-03 EXT.P6 TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED IN RESPECT OF THE BUILDING SITUATED IN THE PROPERTY SCHEDULED IN EXT.P1 SUIT DATED 19-2-94 EXT.P6(A) TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED IN RESPECT OF THE BUILDING SITUATED IN THE PROPERTY SCHEDULED IN EXT.P1 SUIT DATED 17-4-1998 /True Copy/ PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.27681 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2009 JUDGMENT Heard Sri.P.B.Suresh Kumar, learned counsel for the petitioner, Sri.Basant Balaji, learned Government Pleader and Sri.C.Rajendran, learned counsel for the party respondents. Impugned in this writ petition under Article 227 of the Constitution is Ext.P5 order of the learned Subordinate Judge. Under that order, the learned Subordinate Judge directs the petitioner plaintiff to revalue his suit on the basis of the admissions in the affidavit which he had filed in support of the amendment application that the value of the building which is situated in the plaint schedule is Rs. 5 lakhs. In Ext.P5 the learned Judge has referred to Section 7(3) of the Court Fees Act and pointed out that the procedure to be followed in respect of valuation of buildings is Section 7(2) of the Courts Fees Act i.e, to treat the market value of the buildings as ten times the annual rental value of the building if the annual rental value is entered in the register of the local authority. Learned Subordinate Judge has observed that the petitioner does not WPC.No.27681/03 2 have a case that the annual rental value of the building is not entered in the registers of the local authority. 2. Along with this writ petition, the petitioner has produced Ext.P6 property tax receipt issued by Mayyanad Grama Panchayat. Sri.Suresh Kumar asserted before me that in the assessment books of that Panchayat the annual rental value of the building at that time having Door No.MP I/747 is duly entered. I am inclined to accept the above submission since the probabilities are more that the annual rental value of the building which is assessed for property tax by the authorities is recorded in the books. Under the above circumstances, I am inclined to grant an opportunity to the petitioner to produce the property tax assessment register relating to the building then having Door No. MP I/747 from Mayyanad Panchayat relating to the period 1997 before the learned Subordinate Judge. Accordingly, the writ petition will stand allowed to the following extent : Ext.P5 is set aside. The petitioner is permitted to produce the property tax assessment register pertaining to the building having door WPC.No.27681/03 3 No.MP I/747 relating to the period 1997 before the learned Subordinate Judge. The learned Subordinate Judge will hear the parties again on the question of the correct valuation of the suit on the basis of the property tax assessment register and pass fresh orders. Petitioner shall produce the property tax assessment register before the learned Subordinate Judge within one month of receiving a copy of this judgment. Fresh decision will be taken by the learned Subordinate Judge within one month thereafter. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.27681/03 4