LAWS(KER)-2011-2-120

P C KUTTAN Vs. REGIONAL ENGINEER

Decided On February 16, 2011
P.C.KUTTAN Appellant
V/S
REGIONAL ENGINEER Respondents

JUDGEMENT

(1.) THE Writ Petition has been filed by the 'party in person' with the long pending grievance that, in spite of the purchase of the property from the Kerala State Housing Board paying the requisite sale consideration, the title deed has not been got registered in the name of the petitioner, because the delay and lapses attributable to the respondents.

(2.) AS borne by the pleadings, there was a dispute with regard to the actual amount payable by the petitioner to the Housing Board, particularly in way of various litigations between the petitioner and the Housing Board. One of such disputes is still pending consideration before this Court as R.F.A No.15/2009. When the petitioner approached this Court with the grievance regarding the non registration of the document by filing W.P.(C) No.15099/2009, a direction was given to the respondents to execute and register the sale deed, making clear that the claim put forth from the part of the Housing Board to an extent of Rs.8,200/- shall be a 'charge' on the property.

(3.) THE party - in - person submits that the document was originally presented on 10/02/2009 and as such, the delay in the matter of execution and registration is only attributable to the respondents 1 and 2. Later, pursuant to Ext.P2, when the matter was presented for registration before the third respondent, Ext.P6 objection was raised by the third respondent, referring to the 'fair value notification' with effect from 01/04/2010 as to the minimum value of the property, as per which, the petitioner was to remit a further sum of Rs.50,410/- after giving credit to the stamp value of Rs.21,300/- of the stamp papers on which the document was prepared and presented. It is also mentioned in the said objection that, if the document is to be presented after 25/10/2010, the balance payable may slightly vary.