Mini Jayaraj vs State Of Kerala
2021 Latest Caselaw 22688 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. 25954 OF 2021
PETITIONER:

          MINI JAYARAJ
          AGED 52 YEARS
          PADATHU HOUSE, KODUVAZHANGA, ALANGAD VILLAGE,
          ERNAKULAM DISTRICT - 683511.

          BY ADV BINU PAUL



RESPONDENTS:

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

    2     REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, FORT KOCHI - 682001.

    3     SENIOR SUPERINTENDENT
          REVENUE DIVISIONAL OFFICE, FORT KOCHI - 682001.

    4     LOCAL LEVEL MONITORING COMMITTEE
          (UNDER THE KERALA CONSERVATION OF PADDY LAND AND
          WETLAND ACT 2008), REPRESENTED BY ITS CONVENER,
          AGRICULTURAL OFFICER, KRISHIBHAVAN, ALANGAD,
          ERNAKULAM DISTRICT - 683511.



          RIYAL DEVASSY-GP




     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. 25954 OF 2021

                                      2


                                 JUDGMENT

This writ petition is filed challenging Ext.P6 notice and seeking

directions to the respondents to consider Ext.P7 request made by the

petitioner in the light of Exts.P4 and P5 untrammeled by Ext.P8 circular.

The learned counsel for the petitioner submits that the extent of the

property for which Form 6 application had been submitted was only 1.42

ares and that the notice issued to the petitioner for payment of fees by

Ext.P6 is therefore completely unsustainable. It is submitted that the fees

are charged on the strength of Ext.P8 circular which has been set aside by

a Division Bench of this Court in Baby v. District Collector [2021 (6) KLT

316].

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

the extent of the property in question being only 1.42 ares, the petitioner

would be entitled to the benefit of Ext.P5 amendment. However, Ext.P6

has been issued on 10.07.2020 requiring the petitioner to pay an amount

of Rs.56,800 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 Ext.P8, I am of

the opinion that the issue requires a reconsideration. Ext.P6 is, therefore, WP(C) NO. 25954 OF 2021

set aside. There will be a direction to the competent among the

respondents to take up the application submitted by the petitioner in

Form 6 and to consider and pass orders on the same, in the light of Ext.P5

amendment and without reference to Ext.P8, 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. 25954 OF 2021

APPENDIX OF WP(C) 25954/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RECEIPT DATED 29.01.2016 NO K15/7589/16 ISSUED FROM THE OFFICE OF THE DISTRICT COLLECTOR.

Exhibit P1(a) A TRUE COPY OF THE RECEIPT DATED 30.12.2019 NO.K4/312623.

Exhibit P2 A TRUE COPY OF THE GO(P) NO. 43/2018/TD.

DATED 31ST MARCH, 2018 AND PUBLISHED AS S.R.O NO. 186/2018 IN KERALA GAZETTE EXTRAORDINARY NO. 828 DATED 31.03.2018.

Exhibit P3 A TRUE COPY OF THE GO(P) NO. 47/2020/TAXES DATED 31.03.2020 PUBLISHED AS PER S.R.O NO. 266/2020 IN KERALA GAZETTE EXTRA ORDINARY (VOL.IX NO. 1033)

Exhibit P4 A TRUE PHOTOCOPY OF THE G.O. NO.

1166/2021/REVENUE DATED 25.02.2021 ISSUED BY THE 25.02.2021.

Exhibit P5 A TRUE COPY OF THE S.R.O NO. 369/2021 DATED 25.02.2021 PUBLISHED IN KERALA GAZETTE EXTRAORDINARY VOL.X, NO. 1471 DATED 21.04.2021.

Exhibit P6 A TRUE COPY OF THE NOTICE NO. K4-209/2020 DATED 10.07.2020 ISSUED BY THE SENIOR SUPERINTENDENT REVENUE DIVISIONAL OFFICE, FORT KOCHI .

Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 04.07.2021 SUBMITTED BY THE PETITIONER TO THE REVENUE DIVISIONAL OFFICER, FORT KOCHI.

Exhibit P8 TRUE COPY OF THE CIRCULAR NO.

REV.P1/117/2021-REV DATED 23.07.2021.