Varghese John vs State Of Kerala
2021 Latest Caselaw 21471 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                        WP(C) NO. 23564 OF 2021
PETITIONER:

          VARGHESE JOHN
          AGED 68 YEARS,
          KOZHIYADIYILAAYA MEPRATHU HOUSE, THUKALASSERY,
          THIRUVALLA.P.O, PATHANAMTHITTA DISTRICT, PIN-689101.

          BY ADVS.
          VARUGHESE M EASO
          VIVEK VARGHESE P.J.
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE
          SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2     THE VILLAGE OFFICER,
          THIRUVALLA VILLAGE, THIRUVALLA.P.O,
          PATHANAMTHITTA DISTRICT, PIN-689101.

    3     THE SUB COLLECTOR,
          RDO OFFICE, THIRUVALLA, THIRUVALLA.P.O,
          PATHANAMTHITTA DISTRICT, PIN-689101.

    4     THE LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY ITS CONVENOR, AGRICULTURE OFFICER,
          THIRUVALLA KRISHIBHAVAN, KAVUMBHAGAM.P.O, THIRUVALLA,
          PATHANAMTHITTA DISTRICT, PIN-689102.

    5     TAHSILDAR,
          THIRUVALLA, OFFICE OF THE TAHSILDAR, REVENUE TOWER,
          THIRUVALLA-689101.

    6     TAHSILDAR(LAND RECORDS),
          THIRUVALLA, OFFICE OF THE TAHSILDAR,REVENUE TOWER,
          THIRUVALLA-689101.

    7     THE DISTRICT COLLECTOR,
          CIVIL STATION, PATHANAMTHITTA.P.O,
          PIN-689645.

          SRI.RIYAL DEVASSY, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23564 OF 2021

                                     2




                              JUDGMENT

This writ petition is filed seeking a consideration of Ext.P5

statutory appeal preferred under Section 27B of the Kerala Conservation

of Paddy Land and Wet Land Act, 2008 (for short 'the Act'). It is

submitted by the learned counsel for the petitioner that Ext.P1 order had

been issued directing him to pay an amount of Rs.73,34,415/- for the

conversion of his property in terms of Section 27A of the Act. It is

submitted that though the order is dated 09.12.2019, the petitioner was

abroad and that he could not file an appeal within time. It is submitted

that the petitioner had remitted the entire amount as demanded in

Ext.P1 and that conversion had also been effected. However, with regard

to the payment of the fee, the petitioner has approached the 7 th

respondent with Ext.P5 appeal and seeks a consideration thereon.

2. Having heard the learned Government Pleader also, I am of the

opinion that since the petitioner has preferred Ext.P5 appeal along with

an affidavit seeking to condone the delay in filing the same, the same is

liable to be considered in accordance with law. Without expressing any

view on the merits of the matter or the maintainability of the appeal, WP(C) NO. 23564 OF 2021

there will be a direction to the 7 th respondent to take up Ext.P5 and to

consider and pass orders on the same within a period of three months

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 23564 OF 2021

APPENDIX OF WP(C) 23564/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE LETTER NO.A6-1292/2019 DATED 09/12/2019 BY 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE CHELLAN RECEIPT DATED 18/12/2019.

Exhibit P3 TRUE COPY OF ORDER NO.A6-1292/2019 DATED 03/01/2021 BY THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF THE FAIR VALUE REGISTER AS PER THE REGISTRATION DEPARTMENT.

Exhibit P5 TRUE COPY OF THE APPEAL MEMORANDUM BY THE PETITIONER FILED BEFORE 7TH RESPONDENT DT.16/4/21.

Exhibit P6 TRUE COPY OF CHELLAN RECEIPT DT.20/03/21.

Exhibit P7 TRUE COPY OF THE PETITION TO CONDONE THE DELAY ALONG WITH THE AFFIDAVIT DT.16/4/2021 FILED BEFORE 7TH RESPONDENT

Exhibit P8 TRUE COPY OF THE POSTAL ACKOWLEDGMENT CARD DATED 19/04/2021 BY 7TH RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL