Aneesh Narayanan Chettiar vs The Revenue Divisional Officer
2021 Latest Caselaw 23439 Ker

W. P. (C). No.21138 of 2021        1


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                          WP(C) NO. 21138 OF 2021
PETITIONER:

             ANEESH NARAYANAN CHETTIAR
             AGED 46 YEARS
             S/O.LATE A.N.CHETTIAR, KUTTAMPEROOR HOUSE,
             MARIAMMAN KOVIL ROAD, IRINJALAKUDA,
             THRISSUR DISTRICT.

             BY ADVS.
             SRI V.M.KRISHNAKUMAR
             SMT.P.R.REENA
             SRI P.S.SIDHARTHAN
             SMT.MAYA M.



RESPONDENTS:

             THE REVENUE DIVISIONAL OFFICER,
             CIVIL STATION ANNEXE, IRINJALAKUDA,
             THRISSUR DISTRICT, PIN-680125.

             SRI.VIPIN NARAYAN, GOVT.PLEADER


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W. P. (C). No.21138 of 2021              2



                               T.R. RAVI, J.
                --------------------------------------------
                       W. P. (C). No.21138 of 2021
                 --------------------------------------------
                Dated this the 25th day of November, 2021

                                      JUDGMENT

The petitioner and his wife are the joint owners of 22 cents

(9.21 Ares) of land in Sy.No.357/2-1 and 356/5-1 of Manavalassery Village

which was purchased in the year 2016. The petitioner has applied for conversion

of the said land under Section 27A of the Kerala Conservation of Paddy Land and

Wet Land Act, 2008. By Ext.P11, the petitioner was directed to remit a sum of

Rs.4,55,300/- as fee for the purpose of grant of permission. The above direction

is challenged by the petitioners.

2. It is submitted that in the light of the judgment of a Division Bench of

this Court in Baby V. District Collector reported in (2021 (6) KLT 316) there

can be no insistence of payment of fee for conversion of land below 25 cents.

Since the extent of land is below 25 cents, it is submitted that the petitioner is

entitled to the benefit of Ext.P10 Government Order dated 25.02.2021. The

prayer is justified.

Hence the writ petition is allowed. Ext.P11 is set aside. The respondent is

directed to reconsider the application submitted by the petitioner in accordance

with Government Order dated 25.02.2021 and amendment of the Schedule,

without insisting on any payment of fee for the conversion. Necessary orders

shall be passed by the respondent within six weeks from the date of receipt of a

copy of this judgment.

Sd/-

T.R.RAVI JUDGE dsn

APPENDIX OF WP(C) 21138/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 15.04.2021.

Exhibit P2 TRUE COPY OF THE LETTER ISSUED BY THE AGRICULTURAL FILED OFFICER TO THE REVENUE DIVISIONAL OFFICER DATED 28.06.2021.

Exhibit P3 TRUE COPY OF THE CHALAN RECEIPT DATED 25.03.2021 EVIDENCING DEPOSIT OF FEE UNDER SEC.27A BEFORE THE REVENUE DIVISIONAL OFFICER.

Exhibit P4 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 29.06.2021 ALONG WITH THE SKETCH OF PETITIONER'S PROPERTY.

Exhibit P5 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 29.06.2021 SUBMITTED BEFORE THE REVENUE DIVISIONAL OFFICER.

Exhibit P6 TRUE COPY OF THE LETTER DATED 03.09.2021 ALONG WITH THE REPORT OF VILLAGE OFFICER, DATED 06.09.2021.

Exhibit P7 TRUE COPY OF THE MAHAZAR PREPARED BY THE VILLAGE OFFICER DATED 23.06.2021.

Exhibit P8 TRUE COPY OF THE LETTER DATED 31.08.2021 OF THE REVENUE DIVISIONAL OFFICER TO THE PETITIONER.

Exhibit P9 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER AND IS WIFE DATED 06.01.2021.

Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER G.O.NO.

(RT)NO.1166/2021/REV. DATED 25.02.2021.

Exhibit P11 TRUE COPY OF THE LETTER DATED 22.09.2021 ISSUED BY THE REVENUE DIVISIONAL OFFICER.