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. 30507 of 2011(K) -------------------------- PETITIONER(S): ------------------------ 1. K.V.PADMINI, W/O.NARAYANAN, AGED 61 YEARS, RESIDING AT THAZHATHVEEDU, KANNAPURAMAMSOM DESOM, MOTTAMMAL, KANNUR DISTRICT. 2. K.V.MEENAKSHI, AGED 55 YEARS, W/O.GOVINDAN, RESIDING AT PLATHOTTATHIL HOUSE, THALIPARAMBA AMSOM, KUPPAM DESOM, KANNUR DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, KANNUR PIN - 670001. 2. THE TAHSILDAR, THALIPARAMBA, KANNUR DISTRICT. PIN - 670001. 3. THE VILLAGE OFFICER, PATTUVAM, KANNUR DISTRICT. PIN - 670001. 4. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. PIN - 695001. GOVT.PLEADER SRI.MOHAMMD SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30507/11 APPENDIX PETITIONERS' EXHIBITS EXT.P-1 TRUE COPY OF THE REGISTERED SETTLEMENT DEED NO. DEED NO.3365/98 DATED 10/12/1998 OF SRO, TALIPARAMBA. EXT.P-2 TRUE COPY OF THE REGISTERED PARTITION DEED NO.1613 DATED 2/5/1964 OF SRO TALIPARAMBA. EXT.P-3 TRUE COPY OF PURCHASE CERTIFICATE AS PER PROCEEDING IN O.A.NO.10321/1876 LAND TRIBUNAL TALIPARAMBA. EXT.P-4 TRUE COPY OF THE LAND TAX RECEIPT DATED 27/7/2011 ISSUED BY THE VILLAGE OFFICER. EXT.P4(a) TRUE COPY OF THE LAND RECEIPT DATED 21/10/2003 ISSUED BY THE VILLAGE OFFICER. EXT.P4(b) TRUE COPY OF THE LAND TAX RECEIPT DATED 15/06/2005 ISSUED BY THE VILLAGE OFFICER. EXT.P4(c) TRUE COPY OF THE LAND TAX RECEIPT DATED 21/01/2007 ISSUED BY THE VILLAGE OFFICER. EXT.P4(d) TRUE COPY OF THE LAND TAX RECEIPT DATED 19/6/2008 ISSUED BY THE VILLAGE OFFICER. EXT.P-5 TRUE COPY OF NOTIFICATION DATED 6/3/2010 NO.515(20) ISSUED BY THE GOVERNMENT. EXT.P-6 TRUE COPY OF THE REPRESENTATION DATED 2/11/2011 SUBMITTED BY THE PETITIONERS. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30507 OF 2011 ===================== Dated this the 16th day of November, 2011 J U D G M E N T Petitioners claim to be the joint owners of 40.857 cents of land comprised in R.S.No.159/9 of Pattuvam Village in Taliparamba Taluk. In this writ petition, their grievance is that when fair value notification was issued by the respondents under Section 28 of the Kerala Stamp Act, the property has been wrongly classified as Government property. Aggrieved by the allegedly wrong classification, petitioners filed Ext.P6 representation before the 1st respondent. That application is still not considered. That led the petitioners to approach this Court. 2. Although the learned Government Pleader contended that petitioners have not filed appeal as contemplated under Section 28A (4) of the Act, the representation cannot be considered, I am not impressed by the said contention. This is for the reason that appeal provided in Section 28A (4) is in the event of a person aggrieved by the fixation of fair value and not a wrong classification of the land. 3. Therefore, in my view, Ext.P6 deserves to be WPC No. 30507/11 :2 : considered. Therefore, in that view of the matter, I direct the 1st respondent to deal with Ext.P6 with notice to the petitioners and pass orders at any rate within six weeks 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 Rp