IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22519 of 2011(L) -------------------------- PETITIONER(S): --------------- ABDUL SALAM, AGED 43 YEARS, S/O.SHAHUL HAMEED, VARICKANIKUNNEL HOUSE, KANJAR.P.O., KUDAYATHOOR VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.N.K.SHYJU RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, MELUKAVU VILLAGE, MELUKAVUMATTOM.P.O., KOTTAYAM DISTRICT. PIN-686 652. 2. THE REVENUE DIVISIONAL OFFICER, PALA, KOTTAYAM DISTRICT. PIN-686 575. 3. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, KOTTAYAM DISTRICT. PIN-686 002. GP SRI.M.H.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22519 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE PROFORMA WITH THE REMARKS OF THE VILLAGE OFFICER EXT.P2- TRUE COPY OF THE RECOMMENDATION DATED 25.2.2011 OF THE 2ND RESPONDENT EXT.P3- TRUE COPY OF THE NOTIFICATION DATED 6.6.11 OF THE 3RD RESPONDENT EXT.P4- TRUE COPY OF THE REPRESENTATION BEFORE COLLECTOR DATED 28.7.11 (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).22519/2011 .............................................. Dated this the 18th day of August, 2011 JUDGMENT Heard the learned counsel for the petitioner and the learned Government Pleader. 2. Petitioner submits that he owns 2 acres and 75 cents of property in R.S.276/3 of Melukavu Village. Initially, the fair value of the property was fixed at Rs.25,000/- and in an appeal filed, the District Collector reduced the fair value and fixed the same at Rs.22,000/-. Ext.P3 is the notification issued following the appellate order of the District Collector. 3. Petitioner contends that when the matter was pending before the District Collector, the Village Officer has submitted Ext.P1 report stating that having regard to the location and lie of the property, Rs.18,000/- is to be fixed as the fair value. It is stated that instead of accepting the report of the Village Officer and fixing the fair value on that basis, the District Collector accepted Ext.P2 report of the Revenue W.P.(C).22519/11 2 Divisional Officer, Pala, which was submitted without inspecting the land and recommending that Rs.22,000/- to be fixed as fair value. 4. When the petitioner came to know of the aforesaid illegality committed by the District Collector, he filed Ext.P4 application before the District Collector seeking review of the order fixing fair value at Rs.22,000/-. The application was not considered and that led the petitioner to file this writ petition. 5. As far as Ext.P4 application filed by the petitioner for review is concerned, petitioner does not have a case that power of review is conferred on the District Collector under the provisions of the Kerala Stamp Act. If the power of review has not been conferred, the authority cannot exercise any power of review. Consequently there cannot be any direction for the consideration of Ext.P4. 6. As already noticed, the report of the Village Officer suggested the fair value at Rs.18,000/-. This report indicates that such a report was made after inspecting the land in question and taking note of the location and lie of the property. On the other hand, the report W.P.(C).22519/11 3 submitted by the Revenue Divisional Officer does not give any particulars in relation to the material aspects and even then recommended fixation of fair value at Rs.22,000/-. There is nothing to indicate that the contents of Exts.P1 and P2 were considered and that for any valid reason, report of the Village Officer was refused to be accepted. In such circumstances I am inclined to think that the appellate order of the District Collector, fixing fair value at Rs.22,000/- per Are, in respect of the property of the petitioner, is vitiated and needs reconsideration duly adverting to the materials available before the District Collector. 7. Therefore, I quash Ext.P3 and direct that, on the production of a copy of this judgment along with a copy of the writ petition, the District Collector shall reconsider the appeal filed by the petitioner aggrieved by the fixation of the fair value concerning of the property and fresh orders in the matter shall be passed within eight weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs