Sreekumar V vs District Collector on 25 August, 2020

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Kerala High Court

Sreekumar V vs District Collector on 25 August, 2020

Bench: V Raja Vijayaraghavan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942

                       WP(C).No.17560 OF 2020(T)


PETITIONER/S:

                SREEKUMAR V.,
                AGED 56 YEARS,
                S/O. VELAYUDHAN PILLA, PERMANENTLY RESIDING AT
                ANJANAM, AMALAGIRI, MANNANAM,KOTTAYAM-686 561.

                BY ADVS.
                SRI.S.K.ADHITHYAN
                SMT.KEERTHI S. JYOTHI

RESPONDENT/S:

      1         DISTRICT COLLECTOR,
                OFFICE OF THE DISTRICT COLLECTOR, KAKKANAD,
                ERNAKULAM-682 030

      2         THE DISTRICT REGISTRAR,
                2ND FLOOR, PERIMBILLY BUILDING, M.G ROAD,
                KOCHI-682 011.




                SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.17560 OF 2020                  2



                                  JUDGMENT

On being served with a notice under Rule 4 of the Kerala Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, on the premise that the value of the property has not been truly set forth in Ext.P1 sale deed, the petitioner has rushed to this court. He submits that he has submitted Ext.P3 representation before the 2nd respondent and his prayer in this writ petition is to direct the 2nd respondent to consider Ext.P3 in the light of the law declared by this Court in State of Kerala and others Vs. Jino Joseph [2012 (2) KHC 25].

2. Heard Sri.S.K. Adhithyan, the learned counsel appearing for the petitioner and Sri.Bimal K. Nath, the learned Senior Government Pleader.

3. The Learned Senior Government Pleader, on instructions, submits that there is no impediment in considering Ext.P3 representation by the 2nd respondent.

4. Having regard to the facts and circumstances and the submissions made across the Bar, this writ petition is disposed of with a direction to the 2nd respondent to take up Exhibit-P3 representation, and after affording an opportunity to the petitioner of being heard, shall WP(C).No.17560 OF 2020 3 pass appropriate orders in consonance with law, expeditiously, at any rate, within a period of 2 months from the date of receipt of a copy of this judgment.

The petitioner shall produce a copy of the writ petition along with the copy of the judgment before the 2nd respondent to ensure compliance.

SD/-

RAJA VIJAYARAGHAVAN V JUDGE NS WP(C).No.17560 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED BETWEEN THE PETITIONER AND ANTHONY AS SALE DEED NO.470/1/2020 OF THRIPUNITHURA SUB- REGISTRAR OFFICE.

EXHIBIT P2 TRUE COPY OF THE NOTICE ALONG WITH REPORT IN FILE NO.PUV/470/2020 DATED 02.07.2020 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE POSTAL RECEIPT SENDING EXT P3 TO 2ND RESPONDENT DATED 29.07.2020 EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN STATE OF KERALA AND ORS V. JINO JOSEPH OP(C) NO.37/2010 DECIDED ON 24.02.2012 RESPONDENT'S/S EXHIBITS:

NIL //TRUE COPY// P.A.TO JUDGE

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