IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 29556 of 2011(T) -------------------------- PETITIONER : -------------------- SAKKEER, AGED 41, S/O.ALIYAR HAJEE, AMBADAN HOUSE, RAYONPURAM P.O., PERUMBAVOOR, KUNNATHUNADU TALUK. BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI. GEORGE VARGHESE KIZHAKKAMABLAM RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, REGISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD - 682 030. 3. SUB REGISTRAR, PERUMBAVOOR SUB REGISTRY OFFICE, PERUMBAVOOR - 683 542. R1 TO R3 BY SR. GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 29556 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P-1 TRUE COPY OF THE NOTIFICATION BEARING NO.515(II) DATED 6.3.2010 RELATING TO THE FAIR VALUE OF THE PROPERTIES (RELEVANT PAGES) EXT.P-2 TRUE COPY OF PROCEEDINGS NO.A2-57246/2011 DATED 2.11.2011 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J ....................................................... W.P.(C).29556/2011 .............................................. Dated this the 14th day of November, 2011 JUDGMENT Petitioner seeks a direction to the third respondent to register the sale deed accepting the fair value as fixed by the District Collector in Ext.P2. Ext.P2 order has been passed by the District Collector in an appeal filed by the petitioner aggrieved by the fair value fixed in Ext.P1 notification. As per Rule 5(8) of the Kerala Stamp (Fixation of Fair Value of Land) Rules, 1995, , the fair value fixed becomes effective only on its notification. Now that the District Collector has revised the fair value as per Ext.P2, it becomes effective only when it is notified. Petitioner has no case that a notification has been published. Therefore, at this stage, it is not possible for this Court to direct that the revised Ext.P2 order of the District Collector should be accepted and on that basis, the documents should be registered. Therefore, the prayer sought in this writ petition cannot be granted. 2. However, it is directed that the second respondent will take steps for getting the fair value as revised by Ext.P2, notified in the Gazette, as expeditiously as possible at any rate, within six weeks W.P.(C).29556/11 2 of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs /true copy/ P.A. To Judge