Rasheed Hydrose vs State Of Kerala
2022 Latest Caselaw 3877 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                       WP(C) NO. 18087 OF 2021

PETITIONERS:

    1     RASHEED HYDROSE
          AGED 53 YEARS
          S/O HYDROSE,
          RESIDING AT PUTHUSSERI, MUTHEDATHARA,
          THAANYAM, PERINGOTTUKARA P.O,
          THRISSUR DISTRICT-680 565.

    2     SALIJA RASHEED
          W/O RASHEED HYDROSE,
          RESIDING AT PUTHUSSERI, MUTHEDATHARA,
          THAANYAM, PERINGOTTUKARA P.O,
          THRISSUR DISTRICT-680 565.

          BY ADVS.
          ANOOP.V.NAIR
          DEVI P.
          A.K.ANANDA KRISHNAN
RESPONDENTS:

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

    2     THE DISTRICT COLLECTOR
          COLLECTORATE, KAKKANADU,
          ERNAKULAM DISTRICT-682 030.

    3     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, FORTKOCHI,
          ERNAKULAM DISTRICT-682 001.

    4     THE THASILDAR
          PARAVUR TALUK, TALUK OFFICE,
          PARAVUR, ERNAKULAM DISTRICT-683 513.

    5     THE TASILDAR(LR)
          PARAVUR TALUK, TALUK OFFICE,
          PARAVUR, ERNAKULAM DISTRICT-683 513.
 WP(C) NO. 18087 OF 2021
                                2


    6     THE VILLAGE OFFICER
          KARUMALOOR VILLAGE, KARUMALOOR,
          ERNAKULAM DISTRICT-683 511.


          SRI. B.S. SYAMANTHAK, GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18087 OF 2021
                                        3

                                 T.R.RAVI, J.
                      ----------------------------------------
                       WP(C) NO.18087 OF 2021
                     -------------------------------------------
                Dated this the 05th .day of April, 2022

                             JUDGMENT

The petitioner has been permitted to change the use of his land

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

Wetland Act, 2008 on condition of payment. The petitioner has

already remitted the amounts. According to him, excess amounts have

been taken from him than what the respondents are entitled under

the provisions of the Act and Rules and the circulars issued

thereunder. The petitioner submits that the Village Officer has already

recommended payment and the matter is pending before the 3 rd

respondent.

In such circumstances, the writ petition is disposed of directing

the 3rd respondent to consider the claim for re-fund made by the

petitioner in particular with reference to paragraph No.6 of the writ

petition and in the light of relevant Government orders and circulars

issued in that regard. Necessary orders shall be issued within six

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

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 18087 OF 2021

APPENDIX OF WP(C) 18087/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO.KL07030203504/2021 IN RESPECT OF THE PROPERTY OF THE PETITIONERS, DATED 19.04.2021.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT NO.KL07030203609/2021 IN RESPECT OF THE PROPERTY OF THE PETITIONERS, DATED 20.04.2021.

Exhibit P3 TRUE COPY OF THE ORDER DATED 02.09.2019 BEARING NO.K4-1662/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS.

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS ON 06.08.2021 DETAILING ALL THE FACTS, BEFORE THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE G.O (P) NO.85/2018/RD ISSUED BY THE 1ST RESPONDENT IN THE MATTER.

RESPONDENT'S EXHIBITS      :    NIL

                    //TRUE COPY//             PA TO JUDGE