This writ petition is filed by vendor of a document in respect of the property situated in survey No.314/1-3, 1-4 of Angamaly Village. Petitioner has filed a fair value appeal before the third respondent in the matter relating to fixation of fair value for the aforementioned plot. Petitioner wants to dispose the property. The limited request of the petitioner is that registering authority have to register the document under protest subject to final fixation of fair value of the property in the appeal.
2. In view of the above, there shall be a direction to the 5th respondent to register the document executed by the petitioner in respect of the aforementioned property under protest in accordance with the fair value fixed in respect of the above property. However, it is made clear that registration of the document based on fair value is subject to final disposal of the appeal relating to the property by the competent authority. If the appeal is disposed of reducing the present fair value, necessarily, competent authority shall refund the excess stamp duty paid on the document to the person who paid the stamp W.P(C).No.34461 of 2014G 2 duty and corresponding registration fee. In view of pendency of Ext.P1 appeal before the District Collector, Ernakulam, there shall be a direction to the District Collector, to dispose of the appeal after affording an opportunity to the petitioner of being heard within a period of two months from the date of receipt of a copy of this judgment.
Writ Petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/18/12/14