Kerala High Court
K.G.Sivadasan Nair vs The District Collector on 23 November, 2021
WP(C) NO. 21630 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 23RD DAY OF NOVEMBER 2021/2ND AGRAHAYANA, 1943
WP(C) NO. 21630 OF 2020
PETITIONER:
K.G.SIVADASAN NAIR,
AGED 58 YEARS
S/O. GOVINDAN NAIR, KOLLANICKAL HOUSE,
MANEED P.O, ERNAKULAM PIN 686 664
BY ADVS.
SRI R.LAKSHMI NARAYAN
SMT.R.RANJANIE
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
ERNAKULAM 682 011
2 THE REVENUE DIVISIONAL OFFICER,
FORTKOCHI, ERNAKULAM 682 001
3 THE LOCAL LEVEL MONITORING COMMITTEE,
MARADU, REPRESENTED BY ITS CONVENOR, THE
AGRICULTURAL OFFICER, MARADU, ERNAKULAM 682 011
4 THE VILLAGE OFFICER,
MARADU, ERNAKULAM 682 304
5 THE AGRICULTURAL FIELD OFFICER,
KRISHIBHAVAN, MARADU, ERNAKULAM 682 304
6 THE STATE OF KERALA,
REPRESENTED BY SECRETARY REVENUE (P) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
SRI. VIPIN NARAYAN, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 21630 OF 2020 2
T.R. RAVI, J.
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W. P. (C). No.21630 of 2020
--------------------------------------------
Dated this the 23rd day of November, 2021
JUDGMENT
Petitioner has made Ext.P8 application for changing the
nature of 8.02 Ares of land comprised in Sy.No.129/10-2-2 in
Block No.13 of Maradu Village belonging to him which had been
purchased by him in the year 2014. By Ext.P9 order, the
petitioner was directed to remit a sum of Rs.9,70,099/- for the
purpose of conversion of the land. Petitioner challenges the above
order.
2. The counsel submits that the total extent of land sought
to be converted is less than 25 cents and going by the schedule
to the Act as amended by Ext.P10 Government order dated
25.02.2021, no fee can be levied for conversion of areas less than
25 cents. It is also submitted that Ext.P11 Circular dated
23.7.2021 has already been set aside by a Division Bench of this
Court. I find considerable force in the contention raised by the
petitioner.
In the above circumstances, the writ petition is allowed.
Ext.P9 is set aside. The 2nd respondent is directed to reconsider
Ext.P8 application submitted by the petitioner in accordance with
Ext.P10 Government Order dated 25.02.2021 and amendment of
the Schedule. Ext.P11 Circular which has been challenged in the
writ petition is already quashed by the judgment of a Division
Bench of this Court in Baby V. District Collector reported in
(2021 (6) KLT 316) and hence the prayer to quash Ext.P11
Circular need not be considered. Necessary orders shall be passed
by the 2nd respondent within two months from the date of receipt
of a copy of this judgment.
Sd/-
T.R.RAVI
JUDGE
dsn
APPENDIX OF WP(C) 21630/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE PHOTOCOPY OF THE SALE DEED NO.
3518/1/14 DATED 19-12-2014
EXHIBIT P2 THE PHOTOCOPY OF LATEST LAND TAX RECEIPT
DATED 4-11-2019 ISSUED BY THE FOURT
RESPONDENT
EXHIBIT P3 THE PHOTOCOPY OF SKETCH
EXHIBIT P4 THE PHOTOCOPY OF NOTIFICATION NO.
70452/RD3/2012 DATED 23-02-2012ALONG
WITH THE COPY OF RELEVANT PAGE OF THE
DATA BANK REGISER
EXHIBIT P5 THE PHOTOCOPY OF APPLICATION DATED 20-
02-2016
EXHIBIT P6 THE PHOTOCOPY OF NOTIFICATION ISSUED BY
THE REVENUE(P) DEPARTMENT OF GOVERNMENT
OF KERALA, DATED 17-11-2015 BEARING
G.O(P) NO. 611/2015/RD
EXHIBIT P7 THE PHOTOCOPY OF THE RECEIPT ISSUED BY
THE OFFICE OF THE FIRST RESPODENT ALONG
WITH THE CHELAN
EXHIBIT P8 THE PHOTOCOPY OF APPLICATION IN FORM NO.
6 DATED 05-02-2020
EXHIBIT P9 THE PHOTOCOPY OF NOTICE DATED 17-07-2020
EXHIBIT P10 TRUE COPY OF NOTIFICATION DT.25.2.2021
BEARING GO(ORD)No.1166/2021/REV. SRO
No.369/2021
EXHIBIT P11 TRUE COPY FO CIRCULAR DT.23.7.2021
BEARING No.REV.-P/117/2021-REV. OF THE
REVENUE (P) DEPARTMENT.
