Vimal Vijayan vs State Of Kerala
2021 Latest Caselaw 23688 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
    TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                          WP(C) NO. 8224 OF 2021
PETITIONER:

              VIMAL VIJAYAN
              AGED 36 YEARS, S/O VIJAYAN, MI-28, INDIRA NAGAR,
              KADAVANTHRA, COCHIN-682 020.

              BY ADV P.K.RAVI SANKAR



RESPONDENTS:

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

     2        DISTRICT COLLECTOR,
              ERNAKULAM, COCHIN-682 030.

     3        REVENUE DIVISIONAL OFFICER,
              FORT KOCHI, COCHIN-682 001.

     4        LOCAL LEVEL MONITORING COMMITTEE,
              TRIPUNITHURA, REPRESENTED BY ITS CONVENOR
              (AGRICULTURAL FIELD OFFICER) COCHIN-682 301.

     5        SECRETARY,
              TRIPUNITHURA MUNICIPALITY,
              TRIPUNITHURA-682 301.

              SRI.VIPIN NARAYAN, GOVT. PLEADER
              SRI.MANUVILSAN, FOR R4 & R5


     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. 8224 OF 2021
                                    2




                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No. 8224 of 2021
                --------------------------------------------
               Dated this the 30th day of November, 2021

                               JUDGMENT

The prayer in this writ petition is to quash Exts.P7 & P12 orders

and for a direction to the 5th to reconsider the application submitted

by the petitioner in accordance with the amended Schedule to the

Act, which prescribes a fee of 10% of the fair value of the land and

based on the fair value obtaining on the date of filing of the

application.

2. The learned Government Pleader fairly submitted that the

present orders have been issued on the basis of the fair value

obtaining on the date of the order. In the light of the judgments in

Vimal Vincent V. Revenue Division Officer/Sub Collector (2020

(1) KLT 145) and Ajith Kumar Shenoy V. Revenue Divisional

Officer (2020 (5) KLT 683), it is settled that the fair value has to

be reckoned as on the date of the submission of the application.

In the above circumstances, the writ petition is allowed. Exts.P7

& P12 are set aside. The 3rd respondent is directed to reconsider the WP(C) NO. 8224 OF 2021

application submitted by the petitioner on the basis of the fair value

obtaining on the date of the application and applying the amended

Schedule to the Act, within six weeks from the date of receipt of a

certified copy of this judgment. After getting an order from the 3 rd

respondent, the petitioner may approach the 5 th respondent for

necessary permits which shall also be issued within six weeks from

the date of receipt of fresh application.

Sd/-

T.R.RAVI JUDGE

Pn WP(C) NO. 8224 OF 2021

APPENDIX OF WP(C) 8224/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 8.1.2021 ISSUED BY VILLAGE OFFICER, NADAMA

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE NO KBT16/18-19 DATED 31.1.2019 WAS ISSUED BY THE 4TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 4.3.2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT NO.

L10/28187/16 DATED 5.3.2016 ISSUED ON BEHALF OF THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE CHALAN DATED 5.3.2016

EXHIBIT P6 TRUE COPY OF THE CHALAN DATED 4.2.2019

EXHIBIT P7 TRUE COPY OF THE ORDER NO. K-3 497/2019 DATED 16.11.2020 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P8 TRUE COPY OF THE GO(P) NO.47 OF 2020 DATED 31.3.2020

EXHIBIT P9 TRUE COPY OF THE GO(P) NO.70/2019/TD DATED 30TH APRIL, 2019

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 2.12.2020 OF THIS HONORABLE COURT WPC NO 25159/2021 WP(C) NO. 8224 OF 2021

EXHIBIT P11 TRUE COPY OF THE CERTIFICATE NO. PW2-

12879/20 DATED 12.1.2021 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P12 TRUE COPY OF THE NOTICE NO. PW2/415/20-

21/3971/21 DATED 17.3.2021 5TH RESPONDENT

EXHIBIT P13 TRUE COPY OF THE GO(O) NO. 1166/2021/REV DATED 25.2.2021 ISSUED BY THE 1ST RESPONDENT