Gladson Jacob vs State Of Kerala
2021 Latest Caselaw 22613 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                        WP(C) NO. 25217 OF 2021
PETITIONER:

          GLADSON JACOB
          AGED 42 YEARS
          S/O.JACOB, PARAVILA VEEDU, ADUTHALA P.O.,
          KARAMKODE,KOLLAM-691 579 , NOW RESIDING AT 1180 SHANNON
          LN., XENIA, OHIO, ZIP 45385,U.S.A.
          REPRESENTED BY HIS POWER ATTORNEY HOLDER SRI. JACOB
          PARAVILA GEEVARGHESE, AGED 68 YEARS, S/O C.
          GEEVARGHESE, PARAVILA VEEDU, ADUTHALA P.O., KARAMKODE,
          KOLLAM - 691 579.
          BY ADVS.
          GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
          A.R.DILEEP
          P.J.JOE PAUL
          MANU SRINATH
          RAJAN G. GEORGE


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT OF
          KERALA, REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, KERALA-695 001
    2     DISTRICT COLLECTOR,
          COLLECTORATE, IDUKKI DISTRICT, KUYILIMALA, KERALA-685
          603
    3     REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, PAINAVU P.O., KUYILIMALA,
          IDUKI-685 603
    4     VILLAGE OFFICER.,
          VILLAGE OFFICE, KUMILY, IDUKKI-685 509
    5     AGRICULTURAL OFFICER,
          KRISHI BHAVAN, 1ST MILE KUMILY, KERALA-685 509


          APPU.P.S-GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25217 OF 2021

                                    2




                              JUDGMENT

Dated this the 19th day of November 2021

This writ petition is filed seeking directions to

the 3rd respondent to issue an order under the

provisions of the Kerala Conservation of Paddy Land

and Wetland Act, 2008 (for short, 'the 2008 Act')

permitting the petitioner to use the land for other

purposes without insisting to pay any amount as fees

for the said purpose.

2. The learned counsel for the petitioner submits

that the extent of the property for which application

had been submitted was only 8.90 Ares and that the

notice issued to the petitioner for payment of fees by

Ext.P3 is, therefore, completely unsustainable. It is

submitted that the fees are charged on the strength of

the circular dated 23.7.2021 which has been set aside

by a Division Bench of this Court in Baby v. District

Collector [2021 (6) KLT 316].

WP(C).No.25217 OF 2021

3. Having heard the learned Government

Pleader also, I notice that the extent of the property in

question being only 8.90 Ares, the petitioner would be

entitled to the benefit of the Government Order dated

25.2.2021. However, Ext.P3 has been issued on

13.01.2021 requiring the petitioner to pay an amount

of Rs.Rs.7,88,362/- as fee for the use of the property

for other purposes. In the light of the judgment of a

Division Bench of this Court in Baby v. District

Collector [2021 (6) KLT 316] setting aside the

circular dated 23.7.2021, I am of the opinion that the

issue requires a reconsideration.

Ext.P3 is, therefore, set aside. There will be

a direction to the 3rd respondent to take up the

application submitted by the petitioner and to consider

and pass orders on the same within a period of two

months from the date of receipt of a copy of this

judgment, strictly in accordance with the provisions of

the Government Order dated 25.02.2021 and the WP(C).No.25217 OF 2021

amended provisions of the 2008 Act, the rules and the

fee schedule.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/19/11 WP(C).No.25217 OF 2021

APPENDIX

PETITIONERS' EXHIBITS:

A TRUE COPY OF THE POSSESSION CERTIFICATE DATED Exhibit P1 06.01.2018 ISSUED BY THE 4TH RESPONDENT VILLAGE OFFICER A TRUE COPY OF THE BUILDING AGE CERTIFICATE Exhibit P2 DATED 12.10.2021 ISSUED BY KUMILY GRAMA PANCHAYAT A TRUE COPY OF THE ORDER NO.RDOIDK/1188/2020-C1 Exhibit P3 DATED 13.01.2021 ISSUED BY THE 3RD RESPONDENT RDO.

A TRUE COPY OF THE REPRESENTATION DATED Exhibit P4 25.01.2021 PREFERRED BY THE PETITIONER BEFORE 3RD RESPONDENT RDO A TRUE COPY OF THE KERALA GAZETTE NOTIFICATION DATED 21.04.2021 PUBLISHING THE G.O.(RT) Exhibit P5 NO.1166/2021/REV-SRO NO.369/2021 DATED 25.02.2021 A TRUE COPY OF THE REPRESENTATION DATED Exhibit P6 01.03.2021 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT RDO A TRUE COPY OF THE CIRCULAR NO.REV-P1/117/2021- Exhibit P7 REV DATED 23.07.2021 ISSUED BY THE 1ST RESPONDENT A TRUE COPY THE ORDER DATED 09.09.2021 ISSUED Exhibit P8 BY THE 3RD RESPONDENT RDO

RESPONDENTS' EXHIBITS: NIL

SSK //TRUE COPY// PA TO JUDGE