IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 26376 of 2011(V) ----------------------------------------- PETITIONER(S): ------------------------ 1. BABU, S/O.KUNHIMAN, KANHIRAMUKKU AMSOM, KARAKKAD DESOM, PONNANI TALUK, KANHIRAMUKKU, PIN-679 584. 2. JIJI BABU, W/O. BABU, KANHIRAMUKKU AMSOM, KARAKKAD DESOM, PONNANI TALUK, KANHIRAMUKKU, PIN-679 584. BY ADVS. SMT.M.M.DEEPA, SRI.M.SURESH KUMAR. RESPONDENT(S): ------------------------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REGISTRATION,GOVERNMENT SECRETRIAT, THIRUVANANTHAPRUAM-695 001. 2. THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, PONNANI, MALAPPURAM DISTRICT,PIN-679 583. 3. THE REVENUE DIVISIONAL OFFICER, TIRUR,MALAPPURAM DISTRICT-676 101. 4. THE VILLAGE OFFICER, MARANCHERI VILLAGE, PONNAI TALUK, MALAPPURAM DISTRICT-PIN-679 581. R1 TO R4 BY SR.GOVERNMENT PLEADER SMT. M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26376/2011 V APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE JENM ASSIGNMENT DEED BEARING NO. 2639/2010, DATED 28.05.2010 OF SRO PONNANI EXECUTED BY SUBRAMANIAN IN FAVOUR OF THE PETITIONERS. EXHIBIT P2: TRUE COPY OF THE BASIC TAX RECEIPT DATED 26.05.2011 ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF THE PETITIONERS. EXHIBIT P3: TRUE COPY OF THE JENM ASSIGNMENT DEED NO.1769/2006 DATED 04.05.2006 OF SRO PONNANI EXECUTED BY KARIAMPARAMBIL KUNHIMAN IN FAVOUR OF SUBRAMANIAN. EXHIBIT P4: TRUE COPY OF THE JENM ASSIGNMENT DEED DATED 01.09.2011 EXECUTED BY THE PETITIONERS IN FAVOUR OF DINESH KUMAR. EXHIBIT P5: TRUE COPY OF THE INTIMATION DATED 03.09.2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6: TRUE COPY OF THE LAWYER NOTICE DATED 15.09.2011 ISSUED ON BEHALF OF THE PETITIONERS. EXHIBIT P7: TRUE COPY OF THE MEMO DATED 28.09.2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P8: TRUE COPY OF THE CERTIFICATE NO.3045/2011, DATED 30.09.2011 ISSUED BY THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 26376 OF 2011 ----------------------------------------------------- Dated this the 17th day of October, 2011 J U D G M E N T Petitioner claims to be the owner of a property covered by Ext.P1 document of title. He executed Ext.P4, document assigning the property in favour of a stranger. When the document was presented for registration before the 2nd respondent, he has returned the document by Ext.P5 stating fair value has not been fixed for the reason that the property in question has been described as a Government property. It is thereupon the writ petition is filed seeking a direction to the respondent for registration of the document. 2. A reading of Exts.P5 to P7 discloses that as per fair value notification the property has been described as Government property and fair value has not been fixed in respect of similar lands. If that is the reason, for not registering Ext.P1 title deed, necessarily such a mistake W.P.(C) No. 26376 OF 2011 :2 : can be got rectified only by filing an appeal and only thereafter, the document can be registered. Therefore, at this stage, the remedy available to the petitioner is to file an appeal against the fair value notification. Therefore I dispose of the writ petition leaving it open to the petitioner to file an appeal, against this fair value notification and get the property re-classified as private property and fair value fixed. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge