IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 24684 OF 2020
PETITIONER:
K.M.VARGHESE
AGED 53 YEARS
KOIKKAPARAMBIL, KOZHENCHERRY, PATHANAMTHITTA.
BY ADVS.
K.P.SANTHI
SMT.TARA PREM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, PATHANAMTHITTA-689 645.
3 THE TAHSILDAR,
KOZHENCHERRY TALUK, KOZHENCHERRY,
PATHANAMTHITTA-689 641.
4 THE VILLAGE OFFICER,
KOZHENCHERRY VILLAGE, KOZHENCHERRY,
PATHANAMTHITTA-689 641.
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.24684/2020
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.24684 of 2020
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Dated this the 01st day of July, 2022
JUDGMENT
This writ petition is filed with following prayers: i. Issue a writ of certiorari or such other writ, direction or order quashing Exhibit P4 to the extend it directs payment under Section 27A(3) of Act 28 of 2008.
ii. Declare that the petitioner is not liable to pay conversion charges mandated under Section 27A(3) of Act 28 of 2008.
iii. Issue such other writ, direction or order as is deemed just and necessary in the facts, features and circumstances of the case.
(SIC)
2. The petitioner is the owner and title holder in possession and enjoyment of 19.42 ares, 10.52 ares, 9.30 ares, 4.45 ares and 4.86 ares of land in Resurvey No.251/11, 251/12, 251/9, 251/10, 251/8, Block No. 36 of Kozhencherry Village, Kozhencherry Taluk, Pathanamthitta District. According to the petitioner, this land got automatically W.P.(C).No.24684/2020 3 converted much prior to 2008. The petitioner's land is classified as converted land in Ext.P1 draft data bank. Petitioner submitted Exhibit P2 seeking permission to develop the land. At that time, the Village Officer informed that necessary changes in Thandaper register has been made as per Ext.P5. However, tax receipt for the year 2020 shows that land is classified as wetland. The petitioner submitted Ext.P2 application dated 11-2-2017 under Clause 6(2) of the Kerala Land Utilization Order before the 2nd respondent. Ext.P4 is the order passed by the District Collector. The petitioner is aggrieved only about the last portion of Ext.P4 order. It is stated like this in the last portion of Ext.P4:
"For obtaining building permit the character of the land can be changed from paddy land to purayidam in view of the amended section 14 of the paddy & wet land Act r/w 27A3 of the amended paddy & wet land Act."
3. The learned counsel for the petitioner submitted that the land is already converted before the year 2008. That is mentioned in Ext.P3 judgment itself. In the light of the same, such a condition in Ext.P4 is unsustainable.
Therefore, this writ petition is allowed in the following W.P.(C).No.24684/2020 4 manner:
1. Ext.P4 is set aside to the extent it directs payment under Section 27A(3) of the Act 28 of 2008.
2. It is also declared that the petitioner is not liable to pay conversion charges mandated under Section 27A(3) of the Act 28 of 2008.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.24684/2020
5
APPENDIX OF WP(C) 24684/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF THE
DRAFT DATA BANK
EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED
11.2.2017 SUBMITTED TO 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 26.7.2017 IN WPC NO 9062OF 2017 EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 23.3.2018 OF THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE LETTER DATED 28.6.2018 OF THE 4TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT DATED 15.9.2020 ISSUED BY THE 4TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 30.9.2020 SUBMITTED TO THE 2ND RESPONDENT