Kerala High Court
Chandramohanan K.C vs State Of Kerala on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
WP(C) NO. 21639 OF 2021
PETITIONER:
CHANDRAMOHANAN K.C.
AGED 59 YEARS, S/O CHELLAPPAN PILLAI.K,
INDEEVARAM, ERUVA, KAREELAKULANGARA P.O,
ALAPPUZHA DISTRICT-690572.
BY ADVS.
P.A.MOHAMMED SHAH
ABDUL RASAK A.
ASWIN KUMAR M J
ARUN ROY
SHAHIR SHOWKATH ALI
HELAN P.A.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY,
REVENUE DEPARTMENT, SECRETERIAT,
THIRUVANANTHAPURAM-695001.
2 DISTRICT COLLECTOR
ALAPPUZHA DISTRICT, CIVIL STATION,
ALAPPUZHA 688 001.
3 REVENUE DIVISIONAL OFFICER
CHENGANNUR, ALAPPUZHA DISTRICT 689 121.
BY B.S.SYAMANTHAK, 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. 21639 OF 2021
2
T.R. RAVI, J.
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W. P. (C). No. 21639 of 2021
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Dated this the 19th day of November, 2021
JUDGMENT
The petitioner is the owner of 5.65 Ares of land situated in
Sy.Nos.495/3 and 495/13 in Pathiyur Village, Karthikapally Taluk,
Alappuzha District. He had applied for conversion of the said land in
Form 6 of the Kerala Conservation of Paddy Land and Wet Land Act,
2008. By Ext.P12, the petitioner was directed to remit a sum of
Rs.4,28,724/- as fee for the purpose of grant of permission. The
above direction is challenged by the petitioner.
2. Petitioner submits that Ext.P11 Circular dated 23.07.2021
has already been set aside by the judgment of a Division Bench of
this Court in Baby V. District Collector reported in (2021 (6) KLT
316) and hence the insistence of payment of fee for conversion of
land below 25 cents, no longer survives. In the light of the judgment,
the contention of the petitioner is fully justified. Since the extent of
land is below 25 cents, it is submitted that the petitioner is entitled to
the benefit of the Government Order dated 25.02.2021.
WP(C) NO. 21639 OF 2021
Hence the writ petition is allowed. Ext.P12 is set aside. The 3 rd
respondent is directed to reconsider the application filed by the
petitioner in the light of the law laid down in Baby (supra) within a
period of two months from the date of receipt of a copy of this
judgment.
Sd/-
T.R.RAVI
JUDGE
Pn
WP(C) NO. 21639 OF 2021
APPENDIX OF WP(C) 21639/2021
PETITIONERS' EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT WITH
RESPECT TO THE PROPERTY SITUATED IN
SY.NO.495/3 OWNED BY THE PETITIONER DATED
30.02.1994.
Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT WITH
RESPECT TO THE PROPERTY SITUATED IN SURVEY
NO.495/13 OWNED BY THE PETITIONER DATED
01.06.2020.
Exhibit P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE VILLAGE OFFICER DATED 06.03.2003.
Exhibit P4 THE TRUE COPY OF THE BUILDING TAX RECEIPT
ISSUED FOR THE PERIOD 1993-94 BY PATHIYUR
PANCHAYATH DATED 25.03.1994.
Exhibit P5 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE SECRETARY PATHIYUR GRAMA PANCHAYATH
DATED 29.05.2019.
Exhibit P6 THE TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK OF PATHIYUR PANCHAYATH ISSUED ON
28/01/2021.
Exhibit P7 THE PHOTOGRAPH OF THE PETITIONER'S
BUILDING.
Exhibit P8 THE TRUE COPY OF THE REPORT SUBMITTED BY
THE VILLAGE OFFICER SHOWING THE ENTITLEMENT
OF THE PETITIONER'S PROPERTY TO GET
CORRECTED IN THE BTR DATED 10.07.2020
WP(C) NO. 21639 OF 2021
Exhibit P9 THE TRUE COPY OF THE PROCEEDINGS ISSUED BY
THE TAHSILDAR DATED 19.05.2020.
Exhibit P10 THE TRUE COPY OF THE G.O (RT)
NO.1166/2021/REV. DATED 25.02.2021.
Exhibit P11 THE TRUE COPY OF THE CIRCULAR NUMBERED AS
REV-P1/117/2021-REV DATED 23.07.2021.
Exhibit P12 THE TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 3RD RESPONDENT DATED NIL.
