Raju K.R vs State Of Kerala
2021 Latest Caselaw 23648 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                        WP(C) NO. 26926 OF 2021
PETITIONER:

          RAJU K.R
          AGED 64 YEARS
          KURUPAPARAMBATHU, OMKARAM, PUNKUNNAM, THRISSUR-680002.
          THRISSUR, PIN - 680002

          BY ADVS.
          M.R.HARIRAJ
          ALINA ANNA KOSE
          GISHA G. RAJ
          REJIVUE K.C.



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,
          REVENUE DEPARTMENT, THIRUVANANTHAPURAM - 695036.
          THIRUVANANTHAPURAM, PIN - 695036

    2     REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, THRISSUR - 680003
          THRISSUR, PIN - 680003

    3     VILLAGE OFFICER
          NADATHARA VILLAGE, THRISSUR- 680751
          THRISSUR, PIN - 680751



          RIYAL DEVASSY-GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26926 OF 2021

                                       2

                         JUDGMENT

Dated this the 30th day of November 2021

This Writ Petition is filed seeking the following

reliefs:-

(i)To call for the records leading to the issuance of Exhibit P1 & P3 and quash the same by issuance of a writ of certiorari or any other appropriate writ, order or direction.

(ii)To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent to consider application dated 01.02.2019 made by applicant under Section 27A in respect of 18.36 Ares of property in re-survey number 60/14 in Nadathara Village, in accordance with Exhibit P2.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

3. The petitioner is aggrieved by the refusal of the

respondents to extend the benefit of the revised for change

of nature of un-notified land under Section 27A of the

Kerala Conservation of Paddy land and Wetland Act, 2008.

It is submitted that the petitioner has submitted an

application under Section 27A on 01.02.2019. Exhibit P1 WP(C) NO. 26926 OF 2021

notice was issued requiring the petitioner to pay an amount

of Rs.31,42,700/- being 30% of the fair value of the

property. The learned counsel for the petitioner submits

that by Government Order dated 25.02.2021, which is

produced as Exhibit P2, the petitioner is eligible for

consideration of the application collecting only 10% of fees

for the extent of the land which exceeds 25 cents.

However, Exhibit P3 circular is issued, denying the benefits

to applications made before 25.02.2021. The learned

counsel for the petitioner submits that Exhibit P3 circular

has been set aside by a Division Bench of this Court in a

decision reported in Baby v. District Collector [2021 (6)

KLT 316].

4. Having heard the learned Government Pleader

also, I notice that the extent of the property sought to be

converted is 18.36 Ares and therefore since Ext.P3

circular stands set aside, the application is liable to be

considered in the light of Ext.P2 order and the amended

provisions of the Kerala Conservation of Paddy Land and WP(C) NO. 26926 OF 2021

Wetland Act, 2008. The demand of fees by Ext.P1 notice

is therefore unsustainable.

In the result, Ext.P1 notice is set aside. There will

be a direction to the 2nd respondent to take up the

application in Form 6 dated 01.02.2019, submitted by

the petitioner before the 2nd respondent and consider

and pass orders on the same, in accordance with law,

taking note of Ext.P2 order and the amended provisions

of the Kerala Conservation of Paddy Land and Wetland

Act and Rules, without reference to Exhibit P3 circular,

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 SSK/30/11 WP(C) NO. 26926 OF 2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTICE NO-D1-1577/2019 DATED 20/01/2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P2 A TRUE COPY OF THE GO(RT) NUMBER 1166/2021/REV DATED 25/02/2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P3 TRUE COPY OF THE CIRCULAR NO.

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

RESPONDENTS' EXHIBITS:            NIL



 SSK                           //TRUE COPY//          PA TO JUDGE