Kerala High Court
Sherborne Builders And Properties ... vs State Of Kerala on 6 December, 2018
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY ,THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940
WP(C).No. 39718 of 2018
PETITIONER/S:
SHERBORNE BUILDERS AND PROPERTIES PRIVATE LIMITED
DOOR NO.XI/137 A, PADAMUGAL, THRIKKAKKARA P.O.,
VAZHAKALA VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT PIN-682021,
REPRESENTED BY ITS DIRECTOR SABU KURIAN,
S/O. K.T.KURIAN, KINATTUKARA HOUSE, EDAPALLY SOUTH
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT,
PIN-682028.
BY ADVS.
SRI.M.T.BALAN
SRI.B.JAYABAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM,PIN-
695001.
2 THE DISTRICT REGISTRAR (GENERAL/COLLECTOR)
ALAPPUZHA DISTRICT, PIN-688001.
3 THE SUB-REGISTRAR,
SUB REGISTRAR OFFICE, PATTANNAKKAD, ALAPPUZHA
DISTRICT,PIN-688531.
4 THE INSPECTOR GENERAL OF REGISTRATION,
VANCHIYOOR, THIRUVANANTHAPURAM-695035.
OTHER PRESENT:
SMT.A.C.VIDHYA,GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.39718/2018 2
ALEXANDER THOMAS, J.
-------------------------------------------
W.P.(C) No.39718 of 2018
----------------------------------------------
JUDGMENT
The main prayer in the above writ petition (Civil) is as follows:
"i) Issue a writ of certiorari or other appropriate writ, order calling for the records leading to Ext.P7 and Ext.P8 final orders and quash Ext.P7 and Ext.P8 final orders issued by the 2nd repsondent."
2. Heard Sri. M.T. Balan, the learned counsel appearing for the petitioner and Smt. A.C. Vidhya, the learned Government Pleader appearing for the respondents.
3. After hearing both sides and taking note of the factual aspects in this case, this Court is of the considered view that the matter in issue is covered in favour of the petitioner on the basis of dictum laid down by this Court in various cases as in the judgment dated 1.10.2018 in W.P.(C)No.31917/2018, and the decisions of this Court in State of Kerala v. Jino Joseph reported in 2012 (2) KLT 265, The District W.P.(C)No.39718/2018 3 Registrar v. Lake Paradise reported in 2001 (3) KLT 521 etc. Accordingly, it is ordered that the directions and orders issued by this Court in the judgment dated 1.10.2018 in W.P.(C)No.31917/2018 will regulate this case as well. Accordingly, it is ordered that the impugned Exts.P7 and P8 orders are set aside and the matters in relation to Exts.P3 and P4 notices will stand remitted to the 2nd respondent District Registrar for consideration afresh. The 2nd respondent will meticulously follow the procedure in Rule 4 of the Kerala Stamp (Prevention of Undervaluation of Instruments), Rules 1968 and should pass and communicate a formal provisional order giving the material basis of his conclusion in Exts.P3 and P4 notices as to how he has arrived at the alleged higher values of the properties concerned. This may be done within six weeks from the date of receipt of a copy of this judgment. Thereafter, the petitioner may send a reply thereto within three weeks on receipt of such provisional order W.P.(C)No.39718/2018 4 under Rule 4 along with supporting document. Thereafter the 2nd respondent District Registrar will grant a reasonable opportunity of being heard to the petitioner either in person or through authorized representative/counsel, if any and then should advert to the contention of the petitioner and should pass fresh orders in the above said matters. The entire process in this regard may be duly completed by the 2nd respondent District Registrar, without much delay preferably within a period of 3 to 4 months from the date of production of a certified copy of this judgment. For the sake of clarity, it is ordered that the Registry will place a copy of the judgment dated 1.10.2018 rendered by this Court in W.P.(C)No. 31917/2018 as appendix to this judgment.
With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE acd W.P.(C)No.39718/2018 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO.1810/2012 DATED 28.11.2012 OF THE PETITIONER REGISTERED BEFORE THE 3RD RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE SALE DEED NO.1772/2012 DATED 22.11.2012 OF THE PETITIONER REGISTERED BEFORE THE 3RD RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE NOTICE OF UNDERVALUATION ADALATH DATED 15.1.18 AS PER PROCEEDINGS NO.P.U.V 1810/2012 ISSUED BY THE 2ND RERSPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE NOTICE OF UNDERVALUATION ADALATH DATED 15.1.18 AS PER PROCEEDINGS NO.P.U.V 1772/2012 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE LAWYER NOTICE DATED 8.3.2018 ISSUED TO THE 2ND RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE FAIR VALUE CERTIFICATE DATED 14.11.18 ISSUED BY THE VILLAGE OFFICER, THURAVOOR SOUTH, ALLEPPEY DISTRICT.
EXHIBIT P7 THE TRUE COPY OF THE FINAL ORDER NO.1810/2012 DATED 8.10.2018 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER WITH RESPECT TO EXHIBIT P1 SALE DEED.
EXHIBIT P8 THE TRUE COPY OF THE FINAL ORDER NO.1772/2012 DATED 8.10.2018 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER WITH RESPECT TO EXHIBIT P2 SALE DEED.
TRUE COPY P.S. TO JUDGE.