IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 2624 of 2011(C) ------------------------------------- PETITIONERS: --------------------- 1. P.M.KADEEJA BEEVI, PUTHUPARAMBIL, PANACKKACHIRA,ERUMELY SOUTH, KOTTAYAM. 2. K.P.DOMINIC,THAMBALAKKAD KARA, AANAKKALU P.O.,KANJIRAPPALLY. BY ADV. SMT.S.JASMINE. RESPONDENTS: ------------------------ 1. SUB REGISTRAR,ERUMELY, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT- 685 051. 2. DISTRICT COLLECTOR, KOTTAYAM-685 051. R1 & R2 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------------- W.P (C) No.2624 of 2011 -------------------------- Dated this the 27th January, 2011 J U D G M E N T First petitioner says that she is the owner of 85 cents of land situated in Sy. No.375/1 and 375/2 of Erumely Village in Kanjirappally Tauk. According to the petitioner, out of the aforesaid land, she intends to sell 15 cents of land to the 2nd petitioner. Coming to know that fair value has not been fixed, they made applications to the District Collector. The District Collector obtained Ext.P5 report from the Village Officer and thereafter issued Ext.P6 fixing the fair value. 2. Going by the provisions of Section 28 of the Kerala Stamp Act, to make the fair value fixed in Ext.P6 effective, the same should be notified in the manner provided in the Act. The petitioner has no case that such a notification has been published so far. Therefore, the request of the petitioner that the document executed by the 1st petitioner in favour of the 2nd petitioner, should be registered accepting the fair value as mentioned in Ext.P6 is premature. Therefore, this Court will not be justified in W.P (C) No. 2624 of 2011 2 issuing the direction as sought for. 3. Be that as it may, it is necessary that the 2nd respondent should expedite the publication of the notification so that no prejudice is caused to the petitioner. 4. In that view of the matter, I direct that on the production of a copy of this judgment along with a copy of the writ petition, the 2nd respondent shall take steps to ensure that notification of Ext.P6 is published, at any rate, within four weeks thereafter. It is directed that once notification is published as above, it will be open to the petitioner to present the original of Ext.P7 before the 1st respondent, who shall take steps for its registration in accordance with law. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge W.P (C) No. 2624 of 2011 3