Unnikrishnan N vs Revenue Divisional Officer (Rdo)
2022 Latest Caselaw 4302 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                        WP(C) NO. 12758 OF 2022
PETITIONER:

          UNNIKRISHNAN N
          AGED 58 YEARS
          S/O. ICHIKUTTI AMMA, EZHUTHULLY NOTTATH HOUSE,
          SANKARAMKULANGARA JN., POONKUNNAM P.O., THRISSUR-
          680002.

          BY ADV SHOBY K.FRANCIS



RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER (RDO),
          OFFICE OF THE RDO, AYYANTHOLE PO, COLLECTORATE,
          THRISSUR-680003.

    2     TAHSILDAR/ADDL. TAHSILDAR,
          (LAND RECORDS), THRISSUR TALUK, MINI CIVIL STATION,
          TALUK OFFICE, CHEMBUKAVU PO, THRISSUR, PIN CODE-680020.

    3     VILLAGE OFFICER,
          POONKUNNAM VILLAGE, GROUP VILLAGE OFFICE, AYYANTHOLE
          P.O., THRISSUR, PIN CODE-680003.

    4     LOCAL LEVEL MONITORING COMMITTEE OF THRISSUR
          CORPORATION ZONE,
          REPRESENTED BY ITS CONVENER/AGRICULTURAL FIELD OFFICER,
          KRISHI BHAVAN, CHEMBOOKAVU, PO CHEMBOOKAVU,
          THRISSUR-680020.

    5     AGRICULTURAL OFFICER,
          KRISHI BHAVAN, AYYANTHOLE, PUTHOORKKARA, AYYANTHOLE PO,
          THRISSUR-680003.

    6     STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVT.,
          REVENUE DEPARTMENT, GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
 WP(C) NO. 12758 OF 2022         2

            SMT. VINITHA.B.-SR.G.P




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12758 OF 2022                    3


                                       JUDGMENT

This writ petition is filed seeking the following reliefs:

"(I). Issue a writ of Certiorari and quash Exhibit P-5 notice issued the 1st respondent.

(II). Issue a writ of mandamus directing the 1 st respondent to pass orders on the Exhibit P-3 application submitted by the petitioner on the basis of the Exhibit P-4 judgment, without insisting for the payment of conversion fee demanded under Exhibit P-5.

(III). Issue a Writ of mandamus or other appropriate Writ, Direction Order declaring that the demand for the conversion fee for the property less than the 25 cents under Sec. 27 A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 is illegal and the same is against the spirit of the Statue."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner had made an application in Form 6 for conversion of an

extent of 9.71 ares of land. By Ext.P4 judgment, the application was

directed to be considered. However, it is submitted that Ext.P5 notice

has been issued to the petitioner requiring him to pay an amount of

Rs.29,13,000/- for conversion. The learned counsel for the petitioner

submits that since the property of the petitioner has an extent of less

than 25 cents, no fee is payable in terms of the amended provisions of

the 2008 Act and the Rules made thereunder, as well as the Government

order dated 25.02.2021. It is submitted that the circular dated 23.07.2021

which provided for payment of fees in respect of properties having an

extent of less than 25 cents also has been set aside by this Court in Baby

v. District Collector [2021 (6) KLT 316] and that the petitioner is entitled

to a consideration of the application without payment of fees.

Having considered the contentions advanced, I am of the opinion

that the prayers sought for in the writ petition are liable to be allowed.

Ext.P5 is, therefore, set aside. There will be a direction to the 1 st

respondent to take up the Form 6 application submitted by the

petitioner as directed in Ext.P4 and pass orders on the same strictly in

terms of the amended provisions of the 2008 Act and Rules and the

Government order dated 25.02.2021, without reference to the circular

dated 23.07.2021. Appropriate orders shall be passed within a period of

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

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX OF WP(C) 12758/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF REGISTERED DEED NO.1980/2004 OF SRO AYYANTHOLE DATED 5.4.2004.

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 2.9.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 18.3.2021 IN FORM NO.6 SUBMITTED FOR THE CHANGE OF THE STATUS OF THE PROPERTY IN THE BTR FOR AN EXTENT OF 9.71 ARES (24 CENTS) OF LAND COMPRISED IN SURVEY Y06/1086 (OLD SY. NO.33P) OF POONKUNNAM VILLAGE.

Exhibit P4 TRUE COPY OF THE JUDGMENT IN WPC NO.28972/2021 DATED 15.12.2021.

Exhibit P5 TRUE COPY OF THE NOTICE DATED 10.3.2022 ISSUED BY THE 1ST RESPONDENT IN D7-

5969/2021 TO THE PETITIONER.