JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners have approached this Court for the following reliefs:

(2.) THE case of the petitioners is as follows: The properties mentioned in the fair value appeals were belonging to the petitioners. In order to overcome the financial difficulties, the petitioners have to sell their properties. Though buyers are coming, they are not prepared to purchase the same due to the exorbitant fair value fixed, which is 6 times of the present market value. In order to get reduced the fair value, the petitioners preferred Exts.P1 to P6 appeals before the 2nd respondent. According to law, maximum permissible time to take a decision on the appeal, and hand over the modification order to publish in Form 'C' in the Official Gazette is '60 days from the date of filing of the appeal'. But it is learnt that the 2nd respondent takes more than 9 months for doing the same. Hence they made a submission in the request attached to Form 'B' to dispose of the appeals within one month. Time in the request and the time permissible by law were over. Office of the Collector conducts fair value Adalat on 29th January, 2013 at Aluva Taluk office to dispose of the appeals. But he did not consider the petitioners' appeals along with the other appeals. Even on lapse of 4 months, no favourable action was taken by the 2nd respondent. The petitioners submitted several representations and sent Ext.P7 legal notice dated 20/03/2013 to the District Collector for immediate result. But it is in vain. Hence this writ petition seeking appropriate directions to get dispose of such appeals by reducing the fair value within two weeks from today itself.

(3.) WHEN the writ petition came up for admission, the only prayer projected by the learned counsel for the petitioners is to give direction to the 2nd respondent to dispose of Exts.P1 to P6 appeals pending before the 2nd respondent within the time specified under rule 5(4) of the Kerala Stamp (Fixation of Fair Value of Land) Rules, 1995. The learned Government Pleader submitted that the writ petition can be disposed of by giving such a direction. The fair value was fixed by the Revenue Divisional Officer and it was published in the Extra Ordinary Gazette dated 6.3.2010 and the petitioners have filed Exts.P1 to P6 appeals before the District Collector under Section 28A of the Kerala Stamp Act.