IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 35473 of 2010(H) -------------------------- PETITIONER: --------------- T.K.SABITHA, AGED 54 YEARS, W/O.VIJAYAKUMAR, 1/67B, RASMI, THEJUS NAGAR, PALACHUVADU, KAKKANADU, ERNAKULAM DISTRICT. BY ADV. SRI.K.N.CHANDRABABU RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM , PIN 695001. 2. THE ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA, PIN688001. 3. THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, KUTHIYATHODU, CHERTHALA TALUK, ALAPPUZHA DISTRICT 688533. BY GOVERNMENT PLEADER, SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 35473 of 2010 H ``````````````````````````````````````````````````````` Dated this the 30th day of November, 2010 J U D G M E N T Petitioner submits that in order to meet the education expenses of her son, who has secured admission in the Christian Church Polytechnic Institute of Technology in Newzeland, she has decided to dispose of her property having an extent of 2.16 Ares comprised in survey No.74/3 D 22 and 74/3 D 23 of Aroor village which she acquired as per sale deed No.1678/91 of SRO, Kuthiyathodu. According to the petitioner, one P.V.Vinu has agreed to purchase the property for consideration of Rs.2 lakhs per Are. 2. However, she came to know that the fair value fixed for the property was Rs.7.5 lakhs per Are. Since the fair value was unrealistic and exorbitant, petitioner filed an appeal before the second respondent. The second respondent considered the appeal and issued Ext.P2 order reducing fair value to Rs.2 lakhs per Are. Based on Ext.P2 and as agreed to between the parties, when the petitioner approached, the W.P.(C) No.35473/10 : 2 : Sub Registrar for getting the sale deed registered, it was informed that unless a notification is issued, the Sub Registrar will not be in a position to accept Ext.P2 and register the document. Petitioner complains that if she is to await till the notification is issued, the delay will result in her son loosing the admission itself. It is in these circumstances, writ petition is filed. 3. Having regard to the nature of th grievance highlighted, this Court directed the learned Government Pleader to obtain instructions in the matter. Based on the instructions, the learned Government Pleader has made reference to the Kerala Stamp (Fixation of Fair Value of Land) Rules, 1995 and in particular, Rule 5(8) thereof. According to the learned Government Pleader, in view of the aforesaid statutory provision, the stand taken by the Sub Registrar cannot be faulted. 4. Rule 5 provides for filing of appeal against the fair value publication. Rule 5(8) provides that in case fair value of land has been modified in appeal, the appellate authority shall W.P.(C) No.35473/10 : 3 : cause publication of the same in Form-C in the official gazette. In view of the aforesaid provisions, the stand taken by the Sub Registrar is absolutely unassailable. 5. Be that as it may, fact remains that if the petitioner is asked to wait till publication is effected for getting sale deed registered, the petitioner's son is likely to loose the admission in the foreign University in which event the whole endeavour of the petitioner will get frustrated. Therefore, I dispose of this writ petition directing that on the production of a copy of this judgment, the second respondent will take steps for publication of Ext.P2, in the official gazette in terms of Rule 5 (8) of the Rules, 1995. Pending publication of the notification, it is directed that if the petitioner produces the sale deed, which is otherwise in compliance of all statutory provision for registration, before the third respondent, the third respondent will register the same provisionally. Sd/- (ANTONY DOMINIC, JUDGE) aks