IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 18031 of 2011(D) ------------------------------------- PETITIONER(S): ---------------------- K.M. KRISHNAN NAMPOODIRIPPAD, AGED 56 YEARS, S/O. LATE VASUDEVAN NAMPOODIRIPPAD, KAITHAKKAL MANA, ARUKIZHAYA, MANJERI.P.O,MALAPPURAM (DT), NOW RESIDING AT 'PRESTIGE',HOUSE NO.VII/66, NEAR ETTIYOT TEMPLE, KOZHIKODE ROAD, MANJERI - 676 121, MALAPPURAM DISTRICT. BY ADVS. SRI.T.K.AJITH KUMAR SRI.P.VINODKUMAR RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM, UP HILL P.O, MALAPPURAM - 676 505. 2. THE SUB DIVISIONAL MAGISTRATE, PERINTHALMANNA,MALAPPURAM DT., PIN - 679 322. 3. THE SUB REGISTRAR, SUB REGISTRAR'S OFFICE, MANJERI, MALAPPURAM DT., PIN - 676 121. BY GOVT.PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.18031/2011 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE GAZETTE NOTIFICATION OF THE FAIR VALUE OF THE PROPERTIES COMPRISED IN SURVEY NO.361 IN ARUKIZHAYA DESOM, MAJNERI, DOWNLOADED FROM THE INTERNET SITE. EXT.P2 : COPY OF THE APPEAL DATED 22.07.2010 FILED BEFORE THE 1ST RESPONDENT. EXT.P3 : COPY OF THE REMINDER DATED 23.03.2011 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P4 : COPY OF THE JUDGMENT DATED 12.04.2011 IN W.P(C)NO.12160 OF 2011. EXT.P5 : COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 15.06.2011 IN NO.B6-3217/11. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 18031 of 2011 D ``````````````````````````````````````````````````````````` Dated this the 16th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Aggrieved by Ext.P1 order fixing the fair value of the petitioner's property at `5,62,500/- per Are, petitioner filed Ext.P2 appeal before the first respondent under Section 28(A)(4) of the Kerala Stamp Act. This appeal has been rejected by Ext.P5 order, upholding the fixation of fair value by Ext.P1. It is challenging Ext.P5 order, this writ petition is filed. 2. Petitioner mainly contends that Ext.P5 order has been passed ignoring the report made by the Additional Tahsildar suggesting a much lesser fair value. 3. Learned Government Pleader, who has obtained instructions in the matter, confirms the existence of such a report and also submits that the matter is being reconsidered in the light of further reports that are already sought for. W.P.(C) No.18031/2011 : 2 : Now that the matter is in reconsideration, I dispose of the writ petition, quashing Ext.P5 order and directing the first respondent to reconsider Ext.P2 appeal with notice to the parties concerned, in the light of the reports that are to be obtained as mentioned above. This shall be done by the first respondent, as expeditiously as possible and at any rate, within eight weeks from the date of production of a copy of this judgment along with a copy of the writ petition. Sd/- (ANTONY DOMINIC, JUDGE) aks/16/11 // True Copy // P.A. To Judge