B.S.Satheesh Kumar vs State Of Kerala
2021 Latest Caselaw 4204 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

            RP.No.84 OF 2021 IN WP(C). 21832/2020

AGAINST THE ORDER/JUDGMENT IN WP(C) 21832/2020(D) OF HIGH
                     COURT OF KERALA

REVIEW PETITIONER/PETITIONER:

             B.S.SATHEESH KUMAR, AGED 58 YEARS
             S/O. SREEDHARAN NAIR, T.C.9/2535(5), HOUSE
             NO.J-36, JANVILLA LANE, SASTHAMANGALAM P.O.,
             THIRUVANANTHAPURAM-695 010.

             BY ADVS.
             SRI.V.PHILIP MATHEW
             SHRI.BALU JAYAN

RESPONDENTS/RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS PRINCIPAL SECRETARY,
             DEPARTMENT OF AGRICULTURE (NCI), KERALA
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
             695001.

     2       THE DISTRICT COLLECTOR
             COLLECTORATE, COLLECTORATE, KUDAPPANAKUNNU
             P.O., THIRUVANANTHAPURAM-695 043.

     3       THE REVENUE DIVISIONAL OFFICER
             NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT-695
             541.

     4       THE VILLAGE OFFICER
             VILLAGE OFFICE, KOLIYAKKODE,
             THIRUVANANTHAPURAM DISTRICT-695 544.

     5       THE TAHSILDAR
             TALUK OFFICE, NEDUMANGADU, THIRUVANANTHAPURAM
             DISTRICT-695 541.

     6       THE AGRICULTURAL OFFICER
             KRISHI BHAVAN, MANICKAL, PIRAPPANCODE P.O.,
             THIRUVANANTHAPURAM-695 607.
 R.P. No.84 of 2021
          in
W.P.(C) No.21832 of 2020

                             ..2..



       7      MANICKAL GRAMA PANCHAYAT
              PIRAPPANCODE, THIRUVANANTHAPURAM-695 607.
              REPRESENTED BY ITS SECRETARY.

       8      KERALA STATE REMOTE SENSING AND ENVIRONEMNT
              CENTRE
              C BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM-695
              033.


OTHER PRESENT:

              GP G.RENJITA

     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
04.02.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 R.P. No.84 of 2021
          in
W.P.(C) No.21832 of 2020

                                   ..3..




                  Review Petition No.84 of 2021
                                    in
                     W.P.(C) No.21832 of 2020
                      -------------------------------



                                ORDER

The petitioner in the writ petition seeks review of the

judgment. The parties and documents are referred to in this order,

as they appear in the writ petition.

2. On an application preferred by the petitioner in

Form No.6 of the Kerala Conservation of Paddy Land and Wetland

Rules for permission to use the land referred to therein for other

purposes, the petitioner was called upon to pay a sum of

Rs.1,59,811/- by way of fees. Ext.P14 was the communication

issued by the competent authority in this regard. Ext.P14 was under

challenge in the writ petition. The main contention urged in the writ

petition was that the petitioner is not liable to pay any fees at all.

Alternatively, it was also contended by the petitioner that the fees

which the petitioner was called upon to pay is not one computed

based on the fair value of the property of the petitioner and that

the fees was computed based on the fair value of another property. R.P. No.84 of 2021 in W.P.(C) No.21832 of 2020

..4..

3. It is seen that this Court disposed of the writ petition

without taking note of the main contention of the petitioner.

4. Insofar as this Court has omitted to consider the main

contention raised by the petitioner, I am of the view that the

judgment is liable to be recalled.

In the result, the review petition is allowed and the

judgment dated 15.10.2020 in W.P.(C) No.21832 of 2020 is recalled.

Sd/-

P.B.SURESH KUMAR JUDGE ds 04.02.2021