Udayakumar K.K vs State Of Kerala
2021 Latest Caselaw 20916 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 6TH DAY OF OCTOBER 2021/14TH ASWINA, 1943
                     WP(C) NO. 9020 OF 2021


PETITIONER:

         UDAYAKUMAR K.K., S/O.KRISHNAN NAIR,
         AGED 47 YEARS, KUNNARIL HOUSE,
         PATTIMATTOM P.O.,
         ERNAKULAM DISTRICT - 683 562.

         BY ADVS.
         PAUL K.VARGHESE
         SMT.A.A.GEETHA


RESPONDENTS:

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

    2    THE DISTRICT COLLECTOR
         KAKKANADU CIVIL STATION,
         ERNAKULAM - 682 030.

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

    4    THE VILLAGE OFFICER,
         ERNAKULAM VILLAGE,
         KOCHI - 682 011.

         SRI.VIPIN NARAYANAN SR.GOVT.PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP   FOR
ADMISSION ON 06.10.2021,      THE COURT ON THE SAME    DAY
DELIVERED THE FOLLOWING:
 WP(C) No.9020/2021
                                 :2 :




                         JUDGMENT

~~~~~~~~~

Dated this the 6th day of October, 2021

The petitioner holding 4.58 Ares of land in

Ernakulam of Kanayannur Taluk approached this Court

seeking to quash Ext.P6 notice and Ext.P7 remittance and to

declare that the respondents have no right or authority to

insist the petitioner to remit money as per Section 27A of the

Kerala Conservation of Paddy Land and Wetland Act for

making new construction in the property covered by Ext.P1

title deed.

2. The petitioner submitted application for change of

nature of the land in revenue records. The Revenue

Divisional Officer passed Ext.P6 notice requiring the petitioner

to pay an amount of ₹27,41,130/- towards fee for effecting

change in nature of the land. The petitioner, under

compulsions, paid the said amount and the payment is WP(C) No.9020/2021

evidenced by Ext.P7 receipt.

3. The petitioner submitted that in view of the law laid

down by this Court in Global Education Trust v. State of

Kerala and others [ILR 2021 (1) Kerala 44], the petitioner is

not liable to pay the amount and sought for a direction to

refund the amount paid by the petitioner evidenced by Ext.P7.

4. The learned Government Pleader submitted that

the order impugned by the petitioner is an appealable order

and taking into consideration the fact that the relief sought for

by the petitioner includes a relief for refund of the amount, this

Court need not entertain the writ petition at this stage as the

petitioner has an efficacious alternate remedy of appeal.

5. The learned counsel for the petitioner submitted

that the petitioner has filed Ext.P14 appeal against Ext.P6

notice of the Revenue Revisional Officer invoking the

provisions under Section 27B of the Kerala Conservation of

Paddy Land and Wetland Act, 2008.

In such circumstances, the writ petition is disposed

of directing the 2nd respondent to consider Ext.P14 appeal WP(C) No.9020/2021

filed by the petitioner against Ext.P6 notice arising from Ext.P5

order of the RDO, within a period of two months.

Sd/-

N. NAGARESH, JUDGE

aks/06.10.2021 WP(C) No.9020/2021

APPENDIX OF WP(C) 9020/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.140/2019 EXECUTED IN FAVOUR OF THE PETITIONER DATED 17/1/2019.

EXHIBIT P2 A TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY KOCHI CORPORATION DATED 14/1/2019.

EXHIBIT P3 A TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, ERNAKULAM VILLAGE TO THE REVENUE DIVISIONAL OFFICER, FOR KOCHI DATED 14/10/2020.

EXHIBIT P4 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK REGISTER OF THE PETITIONER'S PROPERTY IN ERNAKULAM VILLAGE.

EXHIBIT P5 A TRUE COPY OF THE ORDER NO.A2/2682/2020 ISSUED BY THE SUB COLLECTOR, FORT KOCHI DATED 25/11/2020.

EXHIBIT P6 A TRUE COPY OF THE NOTICE NO.A2/5576/2020 ISSUED BY THE REVENUE DIVISIONAL OFFICER DATED 11/2/2021.

EXHIBIT P7 A TRUE COPY OF THE RECEIPT SHOWING THE REMITTANCE OF RS.27,41,130/- BY THE PETITIONER DATED 12/2/2021.

EXHIBIT P8 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT REPORTED IN 2021(1) ILR 44.

EXHIBIT P9           A TRUE COPY OF THE ORDER NO.1166/2021 OF
                     THE          PRINCIPAL            SECRETARY,

THIRUVANANTHAPURAM DATED 25/2/2021. EXHIBIT P10 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM DATED 29/3/2021. EXHIBIT P11 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER DATED 29/3/2021.

EXHIBIT P12          A TRUE COPY OF THE RECEIPT ISSUED BY THE
                     OFFICE   OF     THE    DISTRICT    COLLECTOR

ACCEPTING EXT.P10 DATED 30/3/2021. WP(C) No.9020/2021

EXHIBIT P13 A TRUE COPY OF THE POSTAL RECEIPT SHOWING THE SENDING OF PETITION BY THE PETITIONER BEFORE THE RDO, FORT KOCHI DATED 30/3/2021.

Exhibit P14 A TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE HE 2ND RESPONDENT DATED 28.9.2021 ncd