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Tessy Joseph vs State Of Kerala

High Court Of Kerala|04 June, 2014
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JUDGMENT / ORDER

Petitioner challenges orders passed by the revenue authorities fixing fair value under Section 28A of the Kerala Stamp Act. Petitioner is the owner in possession of 6.04 Ares of land in Block No. 11 in Re-survey No. 340/19-2 of Angamaly Village. Fair value fixed for the said property was Rs. 6,30,000/- per Are. The petitioner preferred an appeal before the District Collector, who, after an elaborate consideration of the matter, reduced the same to Rs. 5 lakh per Are. 2. The main contention urged by the petitioner is that fair value of an adjacent property was fixed at Rs. 2 lakh per Are. Ext. P6 is the said document.
3. Counter affidavit is filed by the 3rd respondent inter alia stating that in Ext. P6, fair value of the land in Re- Survey No. 334/3-3 was fixed as Rs. 2 lakhs per Are since a High Tension Electric Line is passing through the middle portion of the property. It is also stated that there will be no commercial importance for the land because of the passing of High Tension Electric Line. Therefore, the fixation of the value of the said property has no bearing as far as the petitioner's property is concerned.
4. Since the District Collector had already W.P(C) No. 31833 of 2013 -: 2 :-
considered the claim of the petitioner based on the value of the property in terms of Ext. P6 and has arrived at a possible conclusion. There is no reason for this Court to take a different view in the matter.
5. No other contention was urged by the learned counsel for the petitioner. Under these circumstances, I do not think that any modification can be made to the impugned orders and accordingly the writ petition is dismissed.
Sd/- A.M. Shaffique, Judge.
Tds/
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Title

Tessy Joseph vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
04 June, 2014
Judges
  • A M Shaffique
Advocates
  • Sri Avaneesh Koyikkara