IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 5193 OF 2022
PETITIONER:
VARGHESE JOHN,
AGED 69 YEARS
KOZHIYADIYILAAYA MEPRATHU HOUSE, THUKALASSERRY,
THIRUVALLA P.O., PATHANAMTHITTA DISTRICT-689101.
BY ADVS.
VARUGHESE M EASO
VIVEK VARGHESE P.J.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE VILLAGE OFFICER,
THIRUVALLA VILLAGE, THIRUVALLA P.O.,
PATHANAMTHITTA DISTRICT-689101.
3 THE SUB COLLECTOR,
RDO OFFICE, THIRUVALLA, THIRUVALLA P.O.,
PATHANAMTHITTA DISTRICT-689101.
4 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER, AGRICULTURE OFFICER,
THIRUVALLA, KRISHIBHAVAN, KAVUMBHAGAM P.O.,
THIRUVALLA, PATHANAMTHITTA DISTRICT-689102.
5 THE TAHSILDAR,
THIRUVALLA, OFFICE OF THE TAHSILDAR, REVENUE
TOWER, THIRUVALLA-689101.
6 THE TAHSILDAR (LAND RECORDS),
THIRUVALLA, OFFICE OF THE TAHSILDAR,
REVENUE TOWER, THIRUVALLA-689101.
7 THE DISTRICT COLLECTOR,
CIVIL STATION, PATHANAMTHITTA P.O., PIN-689645.
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.5193/2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.5193 of 2022
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Dated this the 24th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of certiorari or such other writ, order or direction quashing Exhibit P1 and P9 to the extent it quantifies the fee to be paid by the petitioner as Rs.73, 34, 415/-, to secure the ends of justice.
ii. Issue a writ of mandamus or such other writ order or direction directing the respondent to quantify and refix the fee as Rs 4,49,000/-, on the basis of Exhibit P4 and the law laid down by this Court in Vimal Vincent's case [2020 (1) KHC 123] and in Baby V. District Collector reported in (2021 (6) KLT 316) read with the amended provisions of the Kerala Conservation of Paddy Land and Wetland Act and Rules.
iii. Issue a writ of mandamus or such other writ order or direction directing the 7th respondent to reconsider Exhibit.P5 appeal on the basis of Exhibit P4 and the law laid down by this Court in Vimal Vincent's case [2020 (1) KHC 123] and in Baby V. District Collector reported in (2021 (6) KLT 316) read with the related provisions of the W.P.(C).No.5193/2022 3 Kerala Conservation of Paddy Land and Wetland Act and Rules and pass orders refund the over amount remitted by the petitioner under Section 27 A (3) of the Kerala Conservation of Paddy land and Wet Land Act, 2008.
iv. Grand such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
v. Cost of this proceedings.
(SIC)
2. This writ petition is filed challenging Exts.P1 and P9. When this writ petition came up for consideration, this Court observed that the petitioner has got a statutory remedy.
Accordingly the petitioner filed Ext.P10 revision petition challenging Ext.P9 order. When the matter came up for consideration on 02.03.2022, this Court passed the following order:
"W.P.(C) Admit. Leaned Government Pleader takes notice for the respondents.
Post along with the connected Cases.
1.A. No. 2/2022 There will be an interim direction to the 1 st respondent to consider and pass orders on the revision petition preferred by the petitioner, which is produced as Ext.P10, within a period of two W.P.(C).No.5193/2022 4 months from the date of receipt of a copy of this order."
3. Today, when this writ petition came up for consideration, the learned Government Pleader submitted that some more time is necessary to dispose the revision petition because the matter is placed before the Cabinet.
In the light of the above, I think this writ petition can be disposed of directing the 1st respondent to consider Ext.P10 revision petition within a time frame.
Therefore, this writ petition is disposed of in the following manner:
The 1st respondent is directed to consider and pass appropriate orders in Ext.P10 revision petition, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.5193/2022 5 APPENDIX OF WP(C) 5193/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER NO. A6-
1292/2019 DATED 09/12/2019 BY 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE CHALLAN RECEIPT DATED 18/12/019.
Exhibit P3 TRUE COPY OF THE ORDER NO. A6-
1292/2019 DATED 03/01/2021 BY THE 3RD RESPONDENT.
Exhibit P4 TRUE COPY OF THE FAIR VALUE REGISTER A PER THE REGISTRATION DEPARTMENT. Exhibit P5 TRUE COPY OF THE APPEAL MEMORANDUM BY THE PETITIONER FILED BEFORE THE 7TH RESPONDENT DATED 16/04/2021.
Exhibit P6 TRUE COPY OF THE CHELLAN RECEIPT DATED 20/03/2021.
Exhibit P7 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 29/10/2021 IN WPC NO. 23564/2021.
Exhibit P8 TRUE COPY OF THE ORDER DATED 03/11/2021 SENT BY THE PETITIONER TO THE 7TH RESPONDENT.
Exhibit P9 TRUE COPY OF THE ORDER NO.
C4/4518/2021 DATED 31/01/2022 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P10 COPY OF THE REVISION PETITION DATED 16.02.2022 SUBMITTED BY THE PETITIONER EXCLUDING THE ANNEXURES THEREIN BEFORE THE 1ST RESPONDENT EXHIBIT P11 COPY OF THE POSTAL RECEIPT DATED 18.02.2022