POLY JOSEPH 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 to dispose of the appeals. Petitioners need urgent relief in this matter. Hence this writ petition seeking appropriate directions to get dispose of such fair value appeals within the time stipulated in law.

(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.