Kunju Muhammed M.S vs The Revenue Divisional Officer
2021 Latest Caselaw 22407 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                        WP(C) NO. 19110 OF 2021
PETITIONER:

          KUNJU MUHAMMED M.S.
          AGED 64 YEARS
          S/O.SAIDALI HAJI, MOOKADA HOUSE, RAYONPURAM P.O.,
          PERUMBAVOOR, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

          BY ADV BABU S. NAIR



RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, MOOVATTUPUZHA, ERNAKULAM
          DISTRICT, PIN - 686 661.

    2     THE VILLAGE OFFICER
          PERUMBAVOOR VILLAGE, ERNAKULAM DISTRICT, PIN 683 542.



          RIYAL DEVASSY-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19110 OF 2021

                                    2


                                JUDGMENT

This writ petition is filed challenging Ext.P5 order of the 1 st

respondent as also seeking a declaration that the application in Form 6

under the Kerala Conservation of Paddy Land and Wetland Act, 2008 is

liable to be considered without collecting any fees in view of the fact

that the amendment carried out to the Act, the Rules and the Schedule

would enable the application for such conversion to be considered

without fees, where the extent of the property is 25 cents or less. The

learned counsel for the petitioner submits that the circular which

stood in the way of a consideration of applications in the nature of the

application in Form 6 without insisting on payment of fees stands set

aside by a Division Bench of this Court in WP(C) No.3797 of 2020 and

connected cases.

2. Having heard the learned Government Pleader also, I notice

that the extent of the property sought to be converted is only 9.34 ares

and therefore since the circular stands set aside, the application is

liable to be considered in the light of the amended provisions of the

Kerala Conservation of Paddy Land and Wetland Act, 2008. The

demand of fees by Ext.P5 is therefore unsustainable. WP(C) NO. 19110 OF 2021

In the result, Ext.P5 is set aside. There will be a direction to the

1st respondent to take up the application and consider and pass orders

on the same, in accordance with law, taking note of the amended

provisions of the Kerala Conservation of Paddy Land and Wetland Act

and Rules, without reference to the circular, within a period of two

months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 19110 OF 2021

APPENDIX OF WP(C) 19110/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 21//2019 IN WP(C) NO.1753/2019 OF THIS HON'BLE COURT.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE RELEVANT PAGES OF THE FAIR VALUE REGISTER OF KUNNATHUNAD TALUK.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 18/10/2019 IN WP(C) NO.11234/2019 OF THIS HON'BLE COURT.

Exhibit P4 TRUE COPY OF THE NOTES OF ARGUMENT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT. 9/12/2019.

Exhibit P5 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 26/12/2019 AS NO.A9-830/19.