Unknown vs Present on 22 February, 2018

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Kerala High Court

Unknown vs Present on 22 February, 2018

Bench: A.Muhamed Mustaque

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT:

                  THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                  FRIDAY, THE 1ST DAY OF JUNE 2018 / 11TH JYAISHTA, 1940

                                WP(C).No. 16591 of 2018



PETITIONER(S)
------------


  1   K.K.MOHAMMEDALI,
      AGED 67 YEARS, S/O.KOYAN, KALLIDAMPURAYIDAM,
      MOOLEPADAM ROAD, KALAMASSERRY, PIN-683 104.

  2   K.M.FAISAL,
      AGED 43 YEARS, S/O.K.K.MOHAMMEDALI,
      KALLIDAMPURAYIDAM, MOOLEPADAM ROAD,
      KALAMASSERRY, PIN-683 104.

  3   K.M.JESNA,
      AGED 41 YEARS, W/O.SADIQUE,
      VADAKKEVEETTIL, EDAVANAKADU PO, PIN-682 502.


      BY ADVS.SRI.BABU KARUKAPADATH
              SMT.M.A.VAHEEDA BABU
              SRI.E.M.ABDUL KHADER
              SRI.P.U.VINOD KUMAR
              SRI.MITHUN BABY JOHN
              SMT.AMRIN FATHIMA
              SRI.RAHUL ROY



RESPONDENT(S):
-------------

  1. DISTRICT REGISTRAR GENERAL,
     ERNAKULAM-682011.

  2. SUB REGISTRAR OFFICE,
     EDAPPALLY, ERNAKULAM-682024.


      BY SENIOR GOVERNMENT PLEADER SRI.S.GOPOINATHAN


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2018,
      THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


TS
WP(C).No. 16591 of 2018 (Y)
--------------------------



                              APPENDIX


PETITIONER(S)' EXHIBITS
-----------------------

EXHIBIT P1 :    A TRUE COPY OF THE SETTLEMENT DEED BEARING
                DOCUMENT NO.2496/2016 EXECUTED BY THE FIRST
                PETITIONER IN FAVOUR OF THE SECOND PETITIONER.

EXHIBIT P2 :    A TRUE COPY OF THE SETTLEMENT DEED BEARING
                DOCUMENT NO.2495/2016 EXECUTED BY THE FIRST
                PETITIONER IN FAVOUR OF THE THIRD PETITIONER.

EXHIBIT P3 :    A TRUE COPY OF THE CERTIFICATE DATED 22/2/2018
                ISSUED BY THE VILLAGE OFFICER, WITH REGARD TO
                THE PROPERTY COVERED BY SETTLEMENT DEED
                NO.2496/2016.

EXHIBIT P4 :    A TRUE COPY OF THE CERTIFICATE DATED 22/2/2018
                ISSUED BY THE VILLAGE OFFICER, WITH REGARD TO
                THE PROPERTY COVERED BY SETTLEMENT DEED
                NO.2495/2016.

EXHIBIT P5 :    A TRUE COPY OF THE RECTIFICATION DEED PRODUCED
                BY THE 2ND PETITIONER BEFORE THE RESPONDENTS.

EXHIBIT P6 :    A TRUE COPY OF THE RECTIFICATION DEED PRODUCED
                BY THE 3RD PETITIONER BEFORE THE RESPONDENTS.

EXHIBIT P7 :    A TRUE COPY OF THE ORDER DATED 26/04/2018 ISSUED
                BY THE 2ND RESPONDENT.


RESPONDENT(S)'EXHIBITS
----------------------

ANNEXURE R1     COPY OF THE FAIR VALUE NOTIFICATION.



                                            /TRUE COPY/




                                            PS TO JUDGE


TS
05.06.2018

                    A.MUHAMED MUSTAQUE, J.
                *******************************************************************************

                           W.P.(C) No.16591 of 2018
                *******************************************************************************

                  Dated this the 1st day of June, 2018

                                          JUDGMENT

The petitioners presented rectification deeds to rectify the Block Number shown in the settlement deeds executed by the first petitioner in favour of the second and third petitioners. Exts.P1 and P2 are the settlement deeds. The rectification is to rectify only the block number shown in the settlement deeds. In the settlement deeds, the Block Number was shown as 6 instead of 5 of the Thrikkakara North Village. There is no change in identity of the property. The registering authority objected the registration of the rectification deed stating that the fair value of Block No.5 is higher than Block No.6 and therefore, the petitioners will have to pay the difference in stamp duty accordingly.

W.P.(C) No.16591 of 2018 2

2. In the statement filed by the first respondent, it is stated in paragraph 4 as follows:

It is respectfully submitted that when the Block number of the property changes from 6 to 5, the fair value will also be changed and the total consideration amount in the document will be changed to 1,08,30,375/-(out of which the land value is Rs.99,30,375/- and the value of the building is 9,00,000/-). Under these facts and circumstances, when the fair value of the property in the Resurvey Block 5 and 6 on Thrikkakkara North Village with respect to Resurvey No.444/11 are extremely different, the fair value of land in Resurvey No.444/11 of Block No.5 is much higher than that of Block No.6 of Thrikkakkara North Village. Copy of the fair value notification is produced herewith and may be marked as Annexure-R1(a). This respondent considered the Ext.P5 Rectification Deed a fresh conveyance and issued Ext.P7 speaking order dated 26.4.2018 in accordance with law.

W.P.(C) No.16591 of 2018 3

3. The learned Government Pleader also relied on the judgment of this Court in W.P.(C) No.18879 of 2015 dated 17.7.2016. The learned Government Pleader particularly pointed out the paragraph 4 in the above judgment, it reads as follows:

b

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