1 W.P(C) No.25010 of 2023 2025:KER:26398 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 25010 OF 2023 PETITIONERS: 1 JAYAPRAKASH K.V., AGED 59 YEARS, S/O. KRISHNA MARAR, ANAND NIVAS, CHIRAVAKKU, CHAVANAPPUZHA, KARIMBAM, TALIPARAMBA P.O., KANNUR DISTRICT, PIN – 670141. 2 RANJINI K.V., AGED 51 YEARS, D/O. LATE SATHI, RESIDING AT ‘SATHI’, TALIPARAMBA, KANNUR DISTRICT, PIN – 670141. 3 K. KANCHANA RAVEENDRAN, AGED 54 YEARS, D/O. LATE SATHI, RESIDING AT ‘SATHI’, TALIPARAMBA, KANNUR DISTRICT, PIN – 670141. BY ADV.K.MOHANAKANNAN RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 DISTRICT COLLECTOR, COLLECTORATE ROAD, THAVAKKARA, KANNUR DISTRICT, PIN – 670002. 3 TAHSILDAR (LR), TALIPARAMBA TALUK OFFICE, TALIPARAMBA, KANNUR, PIN – 670141. 4 TAHSILDAR, TALIPARAMBA TALUK OFFICE, TALIPARAMBA, KANNUR, PIN – 670141. 5 THE VILLAGE OFFICER, TALIPARAMBA VILLAGE OFFICE, TALIPARAMBA, KANNUR DISTRICT, PIN – 670141. 2 W.P(C) No.25010 of 2023 2025:KER:26398 6 THE SUB REGISTRAR, SUB REGISTRAR OFFICE TALIPARAMBA, SH36, PARANKI BAZAR, VELAPURAM, TALIPARAMBA, KANNUR DISTRICT, PIN – 670141. BY SRI.T.JAYAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P(C) No.25010 of 2023 2025:KER:26398 JUDGMENT The petitioners herein have filed Exts.P4 and P7 appeals, aggrieved by the fixation of fair value with respect to the properties held by them at Rs.17.60 lakhs per Are. In the appeals, the reports from the Village Officer were called for, as evidenced by Exts.P6 and P9. Even on the basis of the reports referred to in the order, by Exts.P11 and P12, the District Collector did not find any reason to reduce the fair value as sought for by the petitioners. 2. It is in such circumstances that the captioned writ petition is filed by the petitioners. 3. I have heard Sri.Mohanakannan, the learned counsel for the petitioners and Sri.T.Jayan, the learned Government Pleader. 4. The District Collector, while issuing the orders at Exts.P11 and P12, appears to have referred to certain impounding of the documents and the payments made on the basis of the reports during the year 2011 by the petitioners for 4 W.P(C) No.25010 of 2023 2025:KER:26398 rejecting the appeals. Furthermore, though the report from the Village Officer, as noticed above, is specifically referred to, the District Collector, in view of the reasons stated in Exts.P11 and P12, did not find any favour with respect to the reduction of fair value as prayed for by the petitioners. I notice that with reference to Ext.P14, the impounding of the property in question is one dated 12.01.2011 and that was a property having an extent of 2.02 Ares. If, on the basis of the afore order, the fair value is being considered, that can be only at Rs.7,34,546/- as specifically averred by the petitioners in the writ petition. On the face of the afore, I further notice that Ext.P16, a document registered in the year 2022, would show that the fair value with respect to the properties, which were near to the petitioners’ properties, was a rate of Rs.5.50 lakhs per Are. It is further noticed that even the property concerned was not having direct access. Furthermore, by Ext.P17, the Government in the year 2023, fixed a fair value of Rs.9.90 lakhs per Are with reference to the properties abutting the petitioners' properties. On the 5 W.P(C) No.25010 of 2023 2025:KER:26398 basis of the above, I am of the opinion that consideration in Exts.P11 and P12 with reference to Ext.P14 impounding proceedings in the year 2011 was not correct. This Court further finds that the District Collector has also referred to certain suggestions made by the Sub-Registrar while deciding the appeal. 5. Therefore, I am of the opinion that the matter requires reconsideration at the hands of the District Collector for the reasons noticed earlier. Resultantly, this writ petition would stand allowed by setting aside Exts.P11 and P12. The District Collector is directed to consider Exts.P4 and P7 appeals afresh, after affording an opportunity of hearing to the petitioners, within a period of twelve weeks from today. Sd/- HARISANKAR V. MENON JUDGE ln 6 W.P(C) No.25010 of 2023 2025:KER:26398 APPENDIX OF WP(C) 25010/2023 PETITIONERS’ EXHIBITS: EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO. 2/2011 DATED 12/01/2011 OF THE 1ST PETITIONER. EXHIBIT P2 TRUE COPY OF THE REGISTERED WILL NO. 213/2012 OF TALIPARAMBA, SRO DATED 26/11/2012 IN RESPECT OF THE PROPERTY HELD BY PETITIONERS 2 AND 3. EXHIBIT P3 TRUE COPY OF THE NOTIFICATION PUBLISHED BY THE GOVERNMENT NO. G.O.(P) NO.29/2022/TAXES DATED 30/03/2022. EXHIBIT P4 TRUE COPY OF THE APPEAL WITH ANNEXURES SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT U/S. 28A OF THE KERALA STAMP ACT DATED 01/09/2022 WITH ACKNOWLEDGMENT. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION OF THE 2 ND RESPONDENT DATED 19/09/2022 IN RESPECT OF THE APPEAL OF THE 1 ST PETITIONER. EXHIBIT P6 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 20/02/2023 IN RESPECT OF THE PROPERTY OF THE 1 ST PETITIONER. EXHIBIT P7 TRUE COPY OF THE STATUTORY APPEAL FILED BY PETITIONERS 2 AND 3 BEFORE THE 2ND RESPONDENT WITH ANNEXURES AND ACKNOWLEDGMENT DATED 01/09/2022. EXHIBIT P8 TRUE COPY OF THE COMMUNICATION OF THE 2 ND RESPONDENT DATED 19/09/2022 IN RESPECT OF APPEAL FILED BY PETITIONERS 2 AND 3. EXHIBIT P9 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 20/02/2023 IN RESPECT OF PROPERTY OF PETITIONERS 2 AND 3. EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 11103/2023 DATED 29/03/2023. 7 W.P(C) No.25010 of 2023 2025:KER:26398 EXHIBIT P11 TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR, NO. DCKNR/9556/2022-L3 DATED 07/06/2023. EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS OF THE 2 ND RESPONDENT, NO. DCKNR/9559/2022-L3 DATED 07/06/2023. EXHIBIT P13 TRUE COPY OF THE DOCUMENT NO. 2465/2012 DATED 12/01/2011. EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS NO. P.2/2011 OF THE 6TH RESPONDENT DATED 12/01/2011. EXHIBIT P15 TRUE COPY OF THE SKETCH. EXHIBIT P16 TRUE COPY OF THE DOCUMENT NO. 4818/2022 OF SRO, TALIPARAMBA DATED 29/11/2022. EXHIBIT P17 TRUE COPY OF THE NOTIFICATION NO. G.O.(P)NO.45/2023/TAXES ISSUED BY THE GOVERNMENT IN THE GAZETTE DATED 25/03/2023.