A. Muhamed Mustaque, J.:— Petitioner seeks the following reliefs before this Court:-
(i) to call for the records relating to Exts.P1 to P7 and to issue a writ, direction or order, directing the third respondent to register the Sale Deed presented by the petitioner to his 11 cents of property comprised in Sy. No. 121/1 of Ernakulam Village in Kanayannur Taluk in Ernakulam District on the basis of the fair value fixed as per Exts.P5 and P6 Notification dated 18.8.2015 by respondents 1 and 2 forthwith;
(ii) to issue a declaration that Ext.P7 Notification, has no application for the registration of the petitioner's 11 cents of property comprised in Sy. No. 121/1 of Ernakulam Village in Kanayannur Taluk in Ernakulam District in which the fair value have been fixed on 18.08.2015 as evidenced by Ext.P6 Notification, and as such the third respondent has no jurisdiction to fix the fair value for more than what has been declared by Ext.P6;
2. Petitioner submits that in view of Exts.P5 and P6 notifications fixing fair value under Section 28A of the Stamp Act, that has to be followed for registering the fair value in relation to the property comprised in Sy. No. 121/1 of Ernakulam Village in Kanayannur Taluk and not the enhanced value by the State as per Ext.P7 Government Order.
3. By virtue of the order of the Government, the fair value in relation to the property in Sy. No. 121/1 of Ernakulam Village in Kanayannur Taluk has been fixed as per Ext.P5 This was on 7.8.2015 The Government, in fact, increased 50% of the fair value as per Ext.P7 on 14.11.2014
4. The learned Government Pleader submits that the fixation as per Exts.P5 and P6 is based on the representation by the petitioner before the Government and it has been treated as a special case and it has no universal application in all cases.
5. It is to be noted that Ext.P5 notification was issued only on 7.8.2015 and the Government ought to have taken note of Ext.P7 Government Order while fixing the fair value. In that view of the matter, it cannot be insisted that the petitioner should pay the fair value based on Ext.P7 The petitioner is justified in insisting for registering the document based on Exts.P5 and P6.
6. In that view of the matter, this writ petition is allowed. Accordingly, there shall be a direction to the third respondent register the document of the petitioner conveying the property situated in Sy. No. 121/1 of Ernakulam Village in Kanayannur Taluk based on the fair value fixed as per Exts.P5 and P6.