IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 14848 of 2011(E) ------------------------------------- PETITIONER(S): -------------------- DR.C.V.MATHEW, S/O.VARKEY, CHETHIMATTATHIL, THOOKKUPALAM KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.MATHEW JOHN (K) RESPONDENT(S): ------------------------- 1. THE SUB REGISTRAR, SUB REGISTRAR'S OFFICE, MEENACHIL, PALA POST, KOTTAYAM DISTRICT, PIN 686575. 2. THE REVENUE DIVISIONAL OFFICE, PALA, OFFICE OF THE REVENUE DIVISIONAL OFFICER, PALA POST, KOTTAYAM DISTRICT-686575. 3. DISTRICT COLLECTOR,KOTTAYAM COLLECTORATE CIVIL STATION POST, KOTTAYAM-686001. BY GOVT. PLEADER SRI. MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.14848/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AGREEMENT DTD. 19.11.2010. P2:- COPY OF THE GAZETTE NOTIFICATION. P3:- COPY OF THE MEMORANDUM OF APPEAL. P4:- COPY OF THE ORDER OF THE 3RD RESPONDENT DTD. 16.7.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 14848 OF 2011 ----------------------------------------------------- Dated this the 28th day of July, 2011 J U D G M E N T Petitioner is the owner of a property having an extent of 20.98 Ares covered by sale deed No.1907/1986 of the SRO Meenachil. He entered into Ext.P1 sale agreement by which the property is agreed to be sold to one Saju George or his nominees. At that stage the fair value of the property was fixed as per Ext.P2 Gazette notification. Aggrieved by Ext.P2, petitioner filed Ext.P3 appeal under S.28(4) of the Kerala Stamp Act. In view of the delay in the disposal of the appeal, the sale could not be materialized and that led the petitioner to file this writ petition. 2. When this writ petition was admitted this Court passed an order dated 2.6.2011 requiring the 3rd respondent, the Appellate Authority, to pass orders on the appeal as expeditiously as possible. Accordingly the 3rd W.P.(C) No. 14848 OF 2011 :2 : respondent passed Ext.P4 order revising the fair value fixed. 3. Now the petitioner seeks a direction for registration of the document, giving him the benefit of Ext.P4 order. The Kerala Stamp (Fixation of Fair value of Land) Rules 1995 provides for filing of appeal as above and the consequential actions that are to be taken. Rule 5 provides for filing of appeal and as per Rule 5(5) the decision taken by the District Collector shall be final. Sub- rule (8) reads as follows. “In case the fair value of land has been modified by the Collector in appeal he shall cause publication of the same in Form 'C' in the Official Gazette.” 4. Therefore only after the fair value as revised has been published in the Official Gazette, registration of document accepting the revised value is possible. W.P.(C) No. 14848 OF 2011 :3 : Therefore the District Collector should get the fair value as revised by Ext.P4, publish in the Official Gazette in Form 'C. Since, the petitioner can take advantage of Ext.P4 only thereafter, it is incumbent upon the 3rd respondent to take steps for the expeditious publication of the fair value modified as per Ext.P4. 5. Therefore I direct that on the production of the judgment the 3rd respondent shall get the fair value as modified by Ext.P4 published in the Official Gazette in Form 'C. This shall be got done as expeditiously as possible at any rate within eight weeks from the date of receipt of a copy of this judgment. 6. It is directed that once the aforesaid process is completed, without any further delay sale deed executed pursuant to Ext.P1 shall be registered on its presentation. 7. The writ petition is disposed of as above. W.P.(C) No. 14848 OF 2011 :4 : The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the concerned authority for appropriate action. ANTONY DOMINIC, JUDGE ul/-