SARASA Vs. DISTRICT COLLECTOR, ALAPPUZHA

JUDGEMENT

(1.) <FRM>JUDGEMENT_485_LAWS(KER)8_2012.htm</FRM>

(2.) THIS writ petition is filed seeking for a direction to the District Collector to take a decision on Ext. P6 appeal filed under Rule 5(V) read with Section 28A of the Kerala Stamp Act. The dispute is with regard to the fair value in respect of the property included in Sy. Nos.44/2 -1 -2 and 44/2 - 1 -3 of Aroor Village. The petitioner's husband has entered into an agreement for sale for purchase of 1.31 ares of property. The total sale consideration of the transaction is Rs.5,10,000/ -. The nature of the land is shown as waterlogged, without any direct access to the road and without access to even a public pathway. It is a low lying one also. According to the petitioner, now stamp duty has been directed to be paid in proportion to the fair value totalling to Rs.7,86,000/ - (Rs.6 lakhs per are). It is in this context the petitioner filed a representation before the Revenue Divisional Officer initially as per Ext.P4 and there after preferred an appeal before the first respondent, as per Ext.P5. Actually it was not in the form prescribed and hence the petitioner preferred another appeal before the first respondent in the form prescribed, a copy of which is produced as Ext.P6. Learned Counsel for the petitioner submits that the period of the agreement expires on 14.10.2012 and therefore unless a direction is issued to dispose of the appeal within a time frame, the petitioner will be put to great hardship. In the light of the above, there will be a direction to the first respondent to take a decision on Ext.P6 appeal, especially in the light of the urgency shown by the petitioner, so that the same is disposed of before 25.9.2012 and it will be seen that the order issued on the appeal is communicated to the petitioner without any delay. The petitioner will be offered an opportunity of hearing.