K.Muraleedharan vs State Of Kerala
2021 Latest Caselaw 22732 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.25831 OF 2021
PETITIONER :-

           K.MURALEEDHARAN,
           S/O.KESAVAN, T.C.4/1622(2), "MURALYA",
           "KESTON'ROAD, KOWDIAR P.O,
           THIRUVANANTHAPURAM - 695 003.

             BY ADV M.SREEKUMAR


RESPONDENTS :-

     1       STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             REVENUE DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.

     2       REVENUE DIVISIONAL OFFICER,
             KUDAPPANAKUNNU P.O, THIRUVANANTHAPURAM - 695 043.

             BY SRI.APPU.P.S., 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.25831 OF 2021

                                -: 2 :-


                              JUDGMENT

Dated this the 19th day of November, 2021

This writ petition is filed challenging Ext.P14 order passed

requiring the petitioner to remit fees amounting to Rs.27,94,500/-

at the rate of 30% fair value of the property for consideration of an

application in Form 6 under Section 27A of the Kerala

Conservation of Paddy Land and Wetland Act, 2008 (for short, 'the

2008 Act').

2. The learned counsel for the petitioner submits that the

extent of the property is only 10.35 Ares and that the demand

made for payment of the amount in Ext.P14 is unsustainable. It is

further submitted that Ext.P16 circular stands set aside by a

Division Bench of this Court and therefore, Ext.P14 requires a

reconsideration and fees can be demanded only in accordance with

the amended provisions of the 2008 Act, the Rules and the fee

schedule.

3. Having heard the learned Government Pleader also, I

find that Ext.P14 has been issued requiring the payment of an

amount of Rs.27,94,500/- taking note of the fair value of the

property as fixed in Ext.P14 and making it applicable to the entire

10.35 Ares of land. I notice that the demand made in Ext.P14 is WP(C) NO.25831 OF 2021

not in accordance with Ext.P15 Government Order and the

amendments to the Act and the Rules.

Ext.P14 is, therefore, set aside. There will be a direction

to the 2nd respondent to take up the application submitted by the

petitioner and to consider and pass orders on the same,

untrammelled by Ext.P16 which stands set aside and taking note of

the provisions of the Act as amended by Ext.P15. Appropriate

orders shall be passed 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

Jvt/25.11.2021 WP(C) NO.25831 OF 2021

APPENDIX OF WP(C) 25831/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SALE DEED NO. 2011/1995 OF SUB REGISTRY OFFICE, PATTOM DATED 26.04.1995.

Exhibit P2 TRUE COPY OF SALE DEED NO. 2012/1995 OF SUB REGISTRY OFFICE, PATTOM DATED 22.04.1995.

Exhibit P3 TRUE COPY OF SALE DEED NO. 2296/1995 OF SUB REGISTRY OFFICE, PATTOM DATED 26.04.1995.

Exhibit P4 TRUE COPY OF SALE DEED NO. 2297/1995 OF SUB REGISTRY OFFICE, PATTOM DATED 26.04.1995.

Exhibit P5 TRUE COPY OF SALE DEED NO. 2298/1995 OF SUB REGISTRY OFFICE, PATTOM DATED 22.04.1995.

Exhibit P6 TRUE COPY OF SALE DEED NO. 438/2002 OF SUB REGISTRY OFFICE, PATTOM DATED 13.03.2002.

Exhibit P7 TRUE COPY OF TAX RECEIPT NO. 1344049 DATED 6.9.16 ISSUED TO THE PETITIONER.

Exhibit P8 TRUE COPY OF TAX RECEIPT NO. 1344050 DATED 6.9.16 ISSUED TO THE PETITIONER.

Exhibit P8(a) TRUE COPY OF TAX RECEIPT DATED 13.09.2021 IN RESPECT OF RESURVEY NO. 18 ISSUED TO THE PETITIONER.

Exhibit P9 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 27925/2017 DATED 09.10.2017.

Exhibit P10 TRUE COPY OF ORDER NO.SKB 17/2018/2 DATED 25.6.2018 OF THE CONVENOR OF LOCAL LEVEL MONITORING COMMITTEE.

Exhibit P11 TRUE COPY OF APPLICATION DATED 29.04.2019 FILED BY PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P11(a) TRUE COPY OF THE CHALAN DATED 7.11.2019 WP(C) NO.25831 OF 2021

EVIDENCING PAYMENT OF FEE.

Exhibit P12 TRUE COPY OF APPLICATION DATED 22.06.2021 FILED BY PETITIONER THROUGH HIS LEGAL ADVISOR UNDER RTI ACT BEFORE THE PUBLIC INFORMATION OFFICER OF OFFICE OF THE 2ND RESPONDENT.

Exhibit P13 TRUE COPY OF LETTER DATED 2.2019 (DIGITALLY SIGNED ON 19.07.2021) FROM THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF 2ND RESPONDENT.

Exhibit P14 TRUE COPY OF LETTER NO.1/35572/2020 DATED 30.10.2020 FROM THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P14(a) TRUE COPY OF LETTER DATED 16.10.2021 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER TO LEGAL ADVISOR OF PETITIONER.

Exhibit P15 TRUE COPY OF SRO NO. 369/2021 DATED 25.2.21

Exhibit P16 TRUE COPY OF CIRCULAR NO. REV.P1/117/2021-

REV.DATED 23.7.2021.